State ex rel. Schrisler v. Winter

This was a proceeding in the nature of a quo warranto to oust the appellee from the office of treasurer of Hartford.City, the relator claiming the office by election. The petition was in two counts; the first claiming the office from May 10, 1896, and the second claiming it from September 7, 1896. The trial court sustained a demurrer to each count, and that ruling presents the only question for consideration.

Each count alleged that in April, 1894, the then town of Hartford City was incorporated as a city; that on the second Tuesday in May, 1894, the appellee was *178elected, with other officers…