State ex el. Schneider's Credit Jewelers, Inc. v. Brackman

On Motion for Rehearing

In his motion for rehearing, respondent contends that we erred in deciding this case on the basis of the power and authority of a prosecuting attorney to file quo warranto proceedings at the relation of a third party, rather than on the basis that the State Board of Optometry has state wide jurisdiction and, as relator, was the real party in interest, consequently the prosecuting attorney could bring the proceedings on behalf of such a relator. The qualifications of a relator do not fix the powers and jurisdiction of a prosecuting attorney; that is done by statute and…