State ex rel. Malloy v. Skirving

Maxwell, Ch. J.

This is an action of quo warranto, which is submitted to the court on the following stipulation of facts:

1st. That at the general election in November, 1884, the defendant was duly elected to the office of county commissioner of Holt county, and when so elected he was residing in and was elected for the second commissioner’s district of said- county.

2d. That in January, 1885, at the time required by law, said defendant gave the bond and took the oath required by statute, “ and at once began to perform the functions of said office and continued to so perform the functions of…