State Ex Rel. Brister v. Weston

This action was begun under sec. 294.04, Stats., which provides :

“ (1) An action may be brought by the attorney general in the name of the state, upon his own information or upon the complaint of any private party, against the parties offending in the following cases: (a) When any person shall usurp, intrude into or unlawfully hold or exercise any public office, civil or military, or any franchise within this state, or any office in a corporation created by the authority of this state; or (b) . . . (c) . . .

“ (2) Such action may be brought in the name of the state by a private person on his…