State Ex Rel. Austin v. Black

The suit is quo warranto to test the right to office of the county superintendent of education. And this presents for decision, the validity of the recent Act of the Legislature approved. February 5,1931 (Loc. Laws 1931, p 5) and exhibited, and its effect upon the alleged previous appointment of petitioner as superintendent by the county board.

The demurrer to the amended information was sustained and nonsuit was taken, review of said rulings sought of the final judgment against the state and relator as plaintiffs, and judgment in behalf of the respondent against the relator Austin and the…