State ex rel. Goodnight v. Goowin

Stayton, Associate Justice.

This is'a proceeding by quo warranto, to question and have adjudicated the right of the respondents to exercise the powers of mayor, alderman and marshal of the city of Wills Point. There are two grounds on which the petition questions their right.

1. It alleges that the territory embraced within the limits of the city at the time an election was ordered and held to determine whether it should be incorporated, did not have one thousand inhabitants, and on this ground it is claimed that the city was never legally incorporated, and that therefore the respondents are…