Sayer v. Harding

Sayer demurred to Harding’s petition for leave to file an information in the nature of a writ of quo warranto. He also answered. The judge overruled the demurrer, and further held that the defendant had not shown cause why Harding was not entitled to a writ to inquire into defendant’s title to the office; and thereupon directed that a jury should be summoned to try the issue of fact raised by the petition and answer. The court has not decided that Sayer is entitled to the office, nor has he rendered a judgment of ouster. Interlocutory orders on the demurrer, and directing a’trial by jury,…