Where a village, council, having ascertained and declared that a vacancy existed in that body by reason of the fact that a member elect had died without qualifying as required by Section 4242, General Code, filled the vacancy pursuant to the provisions of Section 4236, General Code, such appointment is valid and *374¡effective, and Quo Warranto will not lie in favor of one who had been appointed to fill the previous unexpired term of such deceased member.

Writ denied.