People Ex Rel. Boatright v. Newlon

This is an action for the usurpation of an office, brought under section 321 of the Code of 1921, by the people upon the relation of the Attorney General, to test the title of the defendant below to the office of adjutant general. There was a judgment for defendant, and the relator brings the cause here upon writ of error.

The defendant was appointed adjutant general in 1922 by the Governor then in office. The defendant duly qualified for the office, and was still lawfully exercising the same on or about January 13, 1925, when the governor removed, or attempted to remove, him from the office,…