Klick v. Snavely

By the Court.

On September 15, 1928, the relator filed in this court an original action in quo war ranto asking for a judgment of ouster against the respondent, and an induction of the relator into office. The petition in quo warranto alleged that the respondent was “wrongfully holding said office and exercising the powers, functions and prerogatives thereof.”

Section 12303, General Code, authorizes an action in quo warranto against a person “who usurps, intrudes into, or unlawfully holds or exercises, a public office.”

This action is brought by the relator in his private relation. Such being…