State Ex Inf. Gentry v. Toliver

This is an original proceeding by quo war av-to to test the right of respondent to hold the office of justice of the peace of Kaw Township, in Jackson County. Our preliminary writ was ordered to be issued, but respondent waived its formal issuance, entered his appearance and filed his return to the petition as and for the writ. Relator filed his answer to such return and respondent moved for judgment upon the pleadings.

The information charges that respondent, without legal authority or right and since December 29, 1924, usurped, illegally held, used, intruded upon and exercised the office of…