State Ex Rel. Dow v. Graham

The argument on this motion is directed to the single point that "the court of equity had no jurisdiction to entertain this cause of action." It is presented under three propositions, namely:

"A. A county is an involuntary political or civil division of the state, subject at all times to control by the Legislature, owning no property in a private or proprietary capacity.

"B. Courts will not interfere by injunction with the exercise of legislative or political functions.

"C. Quo warranto is the exclusive remedy to test the legality of the organization of Rio Grande county."

[4] We cannot admit the…