Ashton v. Schultz

WILLIAMS, J.,

This matter is before the court on respondents’ preliminary objections *398to a petition for declaratory judgment instituted by petitioner in his capacity as Mayor of the City of Easton. Respondents are the members of the council of that city. The preliminary objections are in the nature of a demurrer, a motion for a more specific complaint and “misjoinder of parties.”

We have concluded that the demurrer based upon petitioner’s failure to proceed by way of an action of quo warranto must be sustained and, therefore, we do not reach the merits of the demurrer or the other preliminary…