State ex rel. Hankins v. Newell

The opinion of the court was delivered by

Garrison, J.

A petition for a writ of quo warranto was filed and a rule thereon made requiring the respondents to show cause by what authority they claimed to have, use and enjoy the office and privileges of trustees of the Bordentown Cemetery Association, the petitioners claiming to have been elected to such office of trustees, and that the defendants have usurped the said office.

The respondents contend in limine that the writ of quo warranto cannot go to inquire into an alleged usurpation of an office in a private corporation.

Such is the English rule.…