People ex rel.Collins v. McAneny

BISCHOFP,

J. All the facts necessary to establish the relator's right to reinstatement having been found upon the trial of the issues joined upon the alternative writ, a peremptory writ is to issue unless certain facts set up by the respondent and found by the jury may be availed of to defeat the case.

[1] So far as it is claimed that reinstatement should be sought by • quo warranta proceedings, because of the appointment of another person to the position from which the relator was removed, the facts were set up by the alternative writ and the legal sufficiency of the case, so alleged, must be…