People v. Shawyer

Potter, Chief Justice.

This is a proceeding in the nature of quo warranto, brought in this court to determine the right and title to the office of State Engineer, thereby invoking the original jurisdiction of the court in quo warranto as to all state officers granted by the constitution. Art. V. Sec. 3. The case has been heard upon a demurrer to the reply which, when first presented, we held would search the entire record as to matters of substancé and require a consideration of the sufficiency of the answer, as well as the petition, no previous objection having been made to either of those…