Roberson v. Hubler

Opinion of the court by

Buewell, J.:

J. L. Roberson and D. Lafe Hubler were candidates for the office of probate judge of Kay county at the general election in the fall of 1900. The board of county commissioners canvassed the returns, and declared Hubler elected by 43 votes, and issued to him a certificate of election. At the proper time he qualified and went into possession of the office.. Roberson then commenced this action, which is in the nature of a quo warranto, to try the title to that office. The defendant demurred to the petition on the ground that it did not state facts sufficient to…