State ex rel. Battin v. Bush

The court of appeals found by its opinion that the within action was one which had as its ultimate goal the litigation of one’s right to hold a public office. It reasoned, therefore, that the action sounded in quo warranto, over which actions trial-level courts are without jurisdiction. Because we find that the within action was not one to try title to a public office, and for the reasons set forth hereinafter, we reverse the judgment of the court of appeals.

I

Initially, we shall consider the jurisdiction of the trial court over the subject matter of the within action, and more particularly,…