State Ex Rel. King v. Payton

The action is in the nature of a quo warranto proceeding and seeks to oust the defendant from public office. The plaintiff alleges that one Dee T. Watters was the Democratic nominee, and the defendant the Republican nominee for the office of sheriff of Ottawa county at the election of November 4, 1930; that Watters was legally elected by a majority of 159 votes and that Payton, the defendant, is usurping the office by reason of certain ballot tampering.

Thereafter the defendant filed his motion to dismiss the action, alleging, among other things, as follows:

“That the issues of fact and matters…