State ex rel. Niggle v. Kirkwood

The opinion of the court was delivered by

Dunbar, J.

The respondent was removed from the office of police commissioner by the mayor of the city of Seattle, and appellant Kirkwood was appointed to fill the vacancy caused by the removal. Subsequently the respondent, as relator, commenced an action by information in the nature of a quo warranto against the appellant to oust him from the office and reinstate himself. The court refused to hear evidence to impeach the findings of the mayor, took the case from the jury, and found for the relator on the pleadings, upon the ground that the charges and…