Whitehurst v. Jones

Simmons, O. J.

The plaintiffs in error, W. M. Whitehurst, J. L. Wimberly, and H. B. Wimberly, as “ residents aud citizens of the town of Jeffersonville,” in this State, applied for a writ of quo warranto, to be directed to certain named persons who were assuming to act as the mayor and councilmen of that town, calling upon them to show by what authority they held office. The case made by the plaintiffs’ petition was substantially as follows: The town of Jeffersonville was incorporated by an act of the General Assembly approved November 29,1901.' (See Acts of 1901, p. 461.) Agreeably to its…