State Ex Rel. Bolsinger v. Oridge

Since the general demurrer to the answer searches the record and raises the question of the sufficiency of both the amended petition and the answer, the well pleaded allegations are admitted by the demurrer to be true for the purpose of determining the adequacy of each pleading.

The question is: Is the relator, Hiram C. Bolsinger, Jr., on the face of the pleadings entitled to a writ of quo toarranto to restore him to the office of president of council now filled by the respondent, James Oridge1?

The relator claims that, having become president of the council on December 1, 1937, by virtue of…