People ex rel. Duncan v. Scott

This is a proceeding in the nature of quo warranto. The parties appear here in the same order they appeared in the trial court. We will refer to plaintiffs in error as relators and to defendant in error as defendant. The trial court sustained defendant’s motion to dismiss on the ground that relators had failed to state a claim upon which relief could be granted, and entered judgment of dismissal of relators’ complaint. Relators are here by writ of error seeking reversal of the judgment.

In January, 1956, the relators filed their complaint in the nature of quo warranto, seeking to have the…