State ex rel. Davenport v. Horton

By the Court,

Hawley, J.:

This is a proceeding in the nature of a quo warranto to determine whether the respondents have wrongfully and unlawfully intruded themselves into and usurped the offices of school trustees of Empire school district, in Ormsby County. The material facts, as presented by the pleadings and proofs, are that the number of census children in Empire school district is less than four hundred; that at the general election in November, 1882, W. -J. Smyth was elected school trustee in said district for the term of four years from and after January 1, 1883; that at the genera,!…