McGuirk v. State Ex Rel. Gottschalk

The relator filed, in the Vigo Circuit Court, an information in quo warranto, against the appellant, seeking to oust him from the office of township trustee, in Harrison Township, Vigo County, Indiana, and to recover the office and the salary for himself. After a demurrer to the information was overruled, the defendant filed an answer in general denial. The action was based on §1188 Burns 1914 (§1208 Burns 1926) which provides that an information may be filed against any person when he shall usurp, intrude into, or unlawfully hold or exercise any public office within this state. The venue of…