Page:Dakota Territory Reports.djvu/452

Rh

1. COUNTY OFFICERS:. County officers appointed by the governor on the organization of a new county, hold until the next general election ensuing after such organization, in which their successors must be elected.

2. -: -: -. If the next general election after such organization be not one at which county officers are chosen for a full term, the successors of such appointees must be chosen to fill the unoccupied term.

3. -: -: -. The appointees hold until the next general election, and until their successors are elected and qualified; and in the absence of any statute fixing a positive time, the officer elect is entitled to the office and its emoluments as soon as the result of the election has been officially declared, and he has qualified as required by law.

facts are stated in the opinion.

G. C. Moody and S. L. Spink for appellant.

The record in this case discloses the fact that before the application for mandamus, the appellant, as county clerk, had performed the duty required of him by law, by making out and delivering to the sheriff the notices of the election, to be held on the 6th day of November, 1877, incorporating in such notices such offices as were in his judgment to be tilled at such election, to-wit: the justices of the peace for the county.