State ex rel. Spaulding v. Baldwin

Citations

• 101 Ohio St. (N.S.) 65

Syllabus

<p>County treasurer — Vacancy — Failure to give bond — Section 2634, General Code — Treasurer-elect dies before term commences— Appointment by county commissioners valid.</p> <p>At the November, T918, election W. was elected county treasurer for a term of two years beginning on the first Monday in September, 1919. On the 19th day of December, 1918, W. died, having meanwhile given no official bond. Thereupon the county commissioners appointed S. as county treasurer for the term to which W. was elected. In a contest between B., a holdover incumbent, and S., the appointee of the commissioners, Held: The appointment of S. was valid; that, under the provisions of Section 2634, General Code, a vacancy occurred in said office which the commissioners were empowered to fill.</p>