State ex rel. Smith v. Smith

The opinion of the court was delivered by

Johnston, C. J.:

This is a quo warranto proceeding brought by the state challenging the right of Omer D. Smith to hold the office and exercise the functions of city judge of the city of Salina. It appears that Salina is a city of the first class, and that defendant was appointed as city judge by the governing body of that city in pursuance of the authority of R. S. 20-1401 to 20-1423, as amended by chapter 179 of the Laws of 1927, and a city ordinance. The act, R. S. 20-1401 to 20-1423, is a general one providing that whenever it is made to appear to…