State ex rel. Lane v. Otis

The opinion of the court was delivered by

Garrison, J.

This quo warranto comes before the court upon a postea showing a special verdict, upon which each party asks for leave to enter' a judgment in his favor.

This proceeding places in issue the title of the relator as well as that of the incumbent. Pamph. L. 1895, p. 82; *65Hawkins v. Cook, 33 Vroom 84; Manahan v. Watts, 35 Id. 465.

The ease of Davis v. Davis, 28 Vroom 203, was decided prior to the act of 1895. As the law now stands the title of the relator may be drawn in question by the respondent, and in this case the pleadings and proofs present…