State ex rel. Boynton v. Buchanan

The opinion of the court was delivered by

Smith, J.:

This is an original action in quo warranto to oust the defendant from the office of city commissioner. The defend*516ant was suspended from office shortly after the action was begun. A commissioner was appointed to hear and determine the issues. This commissioner found the facts in favor of the defendant. Plaintiff has moved for judgment of ouster notwithstanding the report of the commissioner.

In actions where this court has appointed a commissioner to hear-evidence and determine issues of fact, it is the duty of the court to examine the whole…