Klink v. State Ex Rel. Budd

Appellee brought an action in quo warranto to try the title to the office of commissioner of the board of public safety of the city of South Bend. A demurrer to the complaint was overruled, and a demurrer to an answer, which we need not describe, was sustained. The defendant refused to plead further, and there was judgment for the plaintiff, from which this appeal is taken.

It appears that the relator was appointed as a member of the board of public safety in 1929. In May, 1932, the mayor notified relator that he was removed from such office, and sent a message in writing to the common council…