State ex rel. Mellott v. Mason

The opinion of the court was delivered by

Harvey, J.:

This is an original proceeding in quo warranto by the state, on the relation of the county attorney, inquiring by what authority the defendant drainage district has engaged in the business of conducting a sand plant for profit, and for a declaratory judgment construing certain state statutes, and particularly R. S. 24-408. The petition alleges that defendant was organized under chapter 215 of the Laws of 1905 (R. S. 24-401 et seq.); that defendant and its directors are making arrangements to engage in the private business, to wit, the taking…