State Ex Rel. La Crosse v. Averill

SMITFI, Chief Justice.

This action, in the nature of a quo war-ranto, was brought by the state,- upon the relation of its district attorney, to remove respondents, H. Averill and Otto Koog, from the office of city commissioner of the city of Del Rio, into which office they had been regularly inducted after due election thereto. The two respondents, in conjunction with the mayor, constitute the entire city commission.

Del Rio is a home-rule city, so called, and was organized and is now operating as such under the provisions of chapter 13, title 28, Revised Statutes of 1925, as amended (Vernon’s…