State Ex Rel. Cooper v. Ellis

The proceeding is quo war-ranto to test the validity of the incorporation of the town of Valley Head. The writ was denied, and the petition dismissed.

The real question propounded is: Does the record, as substituted, show; an incorporation of said municipality? No attack is made on the sufficiency of the citizens’ petition to incorporate, or the qualifications of the persons signing the same. The judge of probate ordered the election, and gave the required notice thereof. The election was held pursuant to such order and notice, and the returns thereof canvassed showed that a majority voting…