Henning v. Village of Waterford

The action is one for declaratory judgment to try the title to office of Robert Graf, who had been appointed a village trustee and board member of the Village Board of Waterford. Because we conclude that the action is one maintainable only as quo war-ranto, of which the county court has no subject matter jurisdiction, we vacate the judgment and order the dismissal of the complaint.

The plaintiff, Arthur W. Henning, was elected president of the Village of Waterford defeating Robert Graf, who had been the incumbent president. The new term for village trustees and for village president commenced…