State ex rel. Smith v. Duncan

The opinion of the court was delivered by

Sloan, J.:

This is an original action in quo warranto brought for the purpose of declaring a forfeiture of the defendants’ offices as county commissioners of Osage county for willful misconduct in office under what is known as the.unfaithful-officers act.

The cases, for convenience, have been consolidated. The first count in each of the petitions are identical. There are other counts in each petition which have been disposed of either by failure of the plaintiff to introduce any testimony in support thereof, or a *86finding in favor of the defendants by the…