State Ex Rel. Oil Operators Trust v. Hellman

Mr. Commissioner LEDDY

delivered the opinion of the court.

This was a quo warranto proceeding, brought in proper form, for the purpose of determining the validity of the incorporation of the town of Muenster. It was tried before the court without the intervention of a jury and judgment rendered declaring the incorporation valid.

The Honorable Court of Civil Appeals for the Second Supreme Judicial District has certified for the determination of the Supreme Court the following questions of law arising in the case:

“1. Was the evidence sufficient, as a matter of law, to show that the entire tract of…