Hamman v. Hayes

STEPHENSON, Justice.

This is a suit in the form of a declaratory judgment brought to determine the legality of the appointment of the Director of Police for the City of Port Arthur. Plaintiff is the former Chief of Police, but brought this action as a taxpaying citizen against the City of Port Arthur, the Mayor and the Director of Police. Trial was before the court and judgment was one of dismissal for want of jurisdiction. The parties will be referred to as they were in the trial court.

The sole question involved in this appeal is whether or not such action must be brought as a “quo warranto”…