Shideler v. Martin

On Petition for Rehearing.

Ewbank, J.

Counsel for appellant have cited cases in support of the proposition that, where the circuit court has rendered final judgment in an action for the enforcement or protection of private rights and the re*585dress of private wrongs, an appeal will lie to the Supreme or Appellate court under the provisions of the Civil Code, even though the action was brought under a special statute, unless the special statute contains provisions which necessarily exclude such right of appeal. Thus an action of quo warranto to question defendant’s right to hold a public office may…