State Ex Rel. Wallen v. Miller

The Court of Appeals, in a well reasoned and succinct opinion prepared for that Court by Hale, Judge, has stated the proposition here to be determined as follows:

"The question: May private citizens, without the intervention.of the District Attorney, maintain a suit in the nature of quo warranto against an allegedly unfaithful public officer to have him removed from office and declared to be ineligible for the same or similar position for ten years and to obtain a recovery for the use of Hamilton County for the amounts wrongfully paid this officer?”

The Court of Appeals then well analyzes and…