Smith v. Reid

I dissent from the opinion of the court, and the importance of questions involved impels me to state my reasons for dissenting. The plaintiff instituted this action under the provisions of section 2781-2797, Rev. Code of 1919, as amended by chapter 289, Session Raws of 1919, which provide that the remedies formerly obtainable by writ of quo warranto and proceedings in the nature of quo warranto may be obtained by civil action under the provisions of these sections, to determine his right or title to the office of city commissioner. The source of these provisions is found in sections 347-364…