State ex rel. Off v. Smith

By the Court,

DisoN, O. J.

Demurrer to the complaint in an action of quo warranto. The complaint, which was filed by the attorney general on the information of Off, shows that Off and the defendant were opposing candidates for the office of sheriff of the county of Jefferson, at the election held in November, 1860. The defendant received the highest number of votes, and next to him the relator received the greatest number cast for that office at the election. The canvassers counted all the votes, and gave to the defendant a certificate of election. He qualified and entered upon the duties of…