Markham v. Cornell

The opinion of the court was delivered by

Smith, J.:

This is an original action in mandamus to compel the secretary of state to countersign a commission appointing plaintiff superintendent of public instruction. The case was submitted on the pleadings and a stipulation as to the facts.

The facts are as follows: George A. Allen was elected superintendent of public instruction at the election in 1930 for a two-year term. He qualified and served that term till he was killed in an automobile accident on December 7, 1932. At the election in November, 1932, he had been reelected for the two-year term…