State Ex Rel. Moss v. Willis

WESTERFIELD, Judge.

This is an appeal from a judgment maintaining an exception of no cause of action. Appellants, stockholders in a private corporation, applied for a writ of quo war-ranto challenging the title to office of three of its directors. In State ex rel. Jones v. Carradine, 147 So. 554, it was held by this court that a writ of quo warranto will not issue to try title to office in a private corporation, its use being confined to public corporations. The writer of this opinion was the author of the opinion in the Car-radine Case, but that case has been over ruled by a majority opinion…