Capp v. People

Opinion by

Mr. Justice Teller.

This is an action under Chapter 27 of the Code to try the right of plaintiff in error to the office of Warden of the State Reformatory at Buena Yista.

The complaint alleged that on the 27th of June, 1916, Governor Carlson, after a hearing duly had upon charges theretofore filed, removed said Capp from said office and *59appointed and commissioned one B. L. Shaw thereto; thai; Shaw thereafter filed with the Secretary of State his oath of office and bond as such warden of said reformatory; and that said Capp was unlawfully holding said office. There was a second cause…