Rule v. Tait

The opinion of the court was delivered by

Valentine, J.:

This is an action in the nature of quo warranto, brought originally in this court on November 16, 1887, by J. E. Rule, under article 29 of the civil code, against J. H. Tait, to oust him from the office of treasurer of Sherman county, and for damages. Rule claims that he, instead of Tate, was and is entitled to the office. On November 1, 1887, Tait surrendered the office to Rule, and Rule is now holding the same; hence the only questions now to be determined are: What amount of damages shall be recovered, if any? and, Who shall pay the…