Van Horn v. D'Arcy

The opinion of the court was delivered by

Kalisch, J.

An information in the nature of a quo warranto was filed in the Supreme Court, by the attorney-general, at the relation of William B. Van Horn, the plaintiff in error, who claimed to be the warden of the jail of Mercer county and assailed the right of John D’Arcy, the respondent, to hold that office. Upon the trial of the issue' presented the trial judge directed a verdict for the defendant upon the ground that the relator, plaintiff in error, had voluntarily surrendered his right to the office.

The legal propriety of this ruling can only be…