State ex rel. Fuller v. Hargrove

SIMPSON, Justice.

This case comes to us on appeal by the relator from a judgment of voluntary non-suit to review rulings sustaining demurrer to an information in the nature of quo war-ranto. The action was brought in the name of the State, on the relation of Claudine Fuller, as a citizen and individually. Demurrer was sustained to the information as originally framed, and as successively amended.

Originally the action was brought against James W. Hargrove, Alfred A. Kelley, Marion DeCarlo and Paul DeCarlo. Purporting to proceed under both §§ 1133 and 1136, Title 7 of the Code of 1940, as…