State ex rel. Conderman v. Jones

The opinion of the court was delivered by

Smith, J.:

This is an original action in quo warranto brought by the county attorney of Allen county in the name of the state to test the right, of respondent to hold the office of mayor of Iola.

Issues were joined by the filing of a petition and answer. By stipulation depositions were taken by both parties. The cause has been submitted on that record.

*522Iola is a city of the second class. G. S. 1935, 14-1301, provides, in part, as follows:

"The mayor and each of said commissioners shall be not less than twenty-five years of age, a citizen of the United…