State Ex Rel. Hogue v. Slack

This was an action by appellant against appellee in the Marion Circuit Court in the nature of quo warranto for usurpation of the office of mayor of the city of Indianapolis. This proceeding is based on §1212 Burns 1926, which provides that whenever an information shall be filed against a person for usurping an office by the prosecuting attorney, he shall also set forth therein the name of the person rightfully entitled to the office with an averment of his right thereto; and when filed by any other person, he shall show his interest in the matter, and he máy claim the damages he has sustained.