State Ex Rel. Osborn v. Eddington

—The appellant, relator, brought this action by a complaint in the nature of a quo warranto to determine whether the appellant or appellee was entitled to the office of county superintendent of Martin county, Indiana. Later both parties filed an agreed statement of facts, which was entitled the same as the complaint, and accompanied by an affidavit stating that the controversy in the cause was real, and that the proceedings were in good faith to determine the rights of the parties in the action.

The record shows that the cause was submitted to the court upon the agreed statement of facts and…