State Ex Rel. Halbach v. Claussen

(concurring) — At the general state election in 1930, the Honorable Edgar A. Marling, of Emmetsburg, was duly elected a justice of the Supreme Court of Iowa, for the term commencing January 1, 1931, and ending December 31, 1936. Mr. Justice Morling, after being thus elected, duly qualified for the office and assumed the duties thereof. He continued to thus assume such duties until his death, on October 15, 1932. The death of Justice Morling created a vacancy in the office.

Section 11.46 of the 1931 Code provides:

“Every civil office shall be vacant upon the happening of either of the following…