State ex rel. Vidal v. Lamoureux
Wyoming Supreme Court
Error to district court, Fremont county ; Jesse Knight, Judge. Action in the nature of quo warranto, on the relation of James S. Vidal, prosecuting attorney of Fremont county, to determine the right of Jules Lamoureux and others to exercise the office and franchise of being the mayor and councilmen of the pretended town of Lander, and of being a body corporate. A demurrer to defendants’ answer was overruled, and judgment rendered in their favor. Plaintiff brings error.
1Opinion of the CourtConaway, J.
This is an action in the nature of quo warranto. The petition charges that defendants use, without authority of law, the liberties, privileges, offices, and franchises of being the mayor and councilmen of the pretended town of Lander, and of being a body corporate and politic in law, fact, and name, by the name of the “Town Council of the Town of Lander. ” The answer admits the use by defendants of these franchises and offices, but denies that such use is without authority of law. The answer is in the nature of a plea in confession and avoidance, and sets upfactsin justification. To this…
2Cases cited6 opinions
- Sauls v. FreemanSupreme Court of Florida · 1888
- Clark v. WolfSupreme Court of Iowa · 1870
- Ex parte HolmanSupreme Court of Iowa · 1869
- Cannon v. NelsonSupreme Court of Iowa · 1891
- Dickinson v. EichornSupreme Court of Iowa · 1889
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3Cited by3 opinions
- Mestas V. Diamond Coal & Coke Co.Wyoming Supreme Court · 1904
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- Powers v. StateWyoming Supreme Court · 2014