State Ex Rel. Larson v. Morrison

This is an action in the nature of quo warranto to test the validity of a school district and oust respondents from office as members of the board thereof. After hearing upon the merits, the trial court rendered a judgment finding and adjudging the issues generally in favor of respondents and dismissing relators’ action. Motion for new trial was overruled, and relators ap pealed, assigning substantially that the judgment was contrary to the evidence and law. We sustain the assignments.

The facts are not in dispute. They were either stipulated or undenied, and pleaded generally in relators’…