Babbitt v. Shade

This matter is now pending on an application for rehearing. The action was based upon an injunction. The court in the opinion heretofore rendered, held:

“An action by injunction is premature and may be resorted to by an incumbent of a public office only to protect his position against the interference of an adverse claimant whose title is in dispute. It is not an appropriate remedy to try the title or determine questions concerning the authority to make appointments thereto.”

It was ordered that the petition of the plaintiff be dismissed on the ground that the facts pleaded did not entitle…