Hood v. Cruso

This is a proceeding in quo warranto prosecuted by the appellant personally, and involves a contest over the position of schqol trustee in the City of Biloxi. When a private litigant brings quo warranto, acting independently and not on the relation of the state, the burden of proof is upon him to show his right to the office by a preponderance of the evidence; and the nature of the evidence must be clear and dependable, since in such case the presumption of right rests with the occupant of the office. We affirmed the judgment on the former submission without a written opinion, and now write…