Wilson ex rel. Breintnall v. Sadler

The opinion of the court was delivered by

Garrison, J.

By an information in the nature of a quo warranto, R. Heber Breintnall, as relator, challenged the right of Wilbur F. Sadler, Jr., to hold the office of adjutant-general of Hew Jersey. Upon the trial of the issue presented by the pleadings the relator was nonsuited upon the ground that he “had retired upon his own application; that his retirement was voluntary, not involuntary.”

In order to appreciate the significance of the voluntary character thus ascribed to the relator’s retirement from the office in question, and its bearing upon the…