State Ex Rel. Mathews v. Murray

OPINION

On Motion to Steike Supplemental • Affidavit, Etc.

Original complaint in the nature of quo warranto. Defendant filed a motion to dismiss which was argued and submitted to this court May 25, 1953, subject to the filing of further briefs. Thereafter defendant, in support of his motion to dismiss upon the ground that the matter had become moot, filed a photostat copy of a purported resignation as state senator, to the governor. This was in response to plaintiff’s argument that the asserted resignation made to the county commissioners was not a resignation under our statutes. Defendant also…