English v. . Brigman

Behind the skirmish line developed on this appeal, one senses the rumble of real battle. But the case here cannot be said to have reached that decisive stage. ¥e can only consider the stipulations of the parties as to the facts as bearing upon the motion to dismiss, within the frame of the action in which it is made — -within its form, purport, and theory. It cannot be converted into a quo warranto proceeding to try the title to office, or to settle the more fundamental differences we find to exist between the parties.

Whatever may be the status of English as a de jure officer, and upon this…