Stanford v. . Ellington

This is an action in the nature of quo warranto, in which plaintiff claims to be State Librarian, and alleges that defendant is in possession of the office and unlawfully withholds the same from him. Defendant, answering, admits that he is in possession of the office, performing its duties and receiving its emoluments; but he denies that he is holding it wrongfully or unlawfully, and alleges that he was duly elected thereto on 8 January, 1895, for a term of two years next ensuing.

Under the view we take of the case it is not necessary for us to consider or pass upon defendant's right to this…