Garms v. People

This was a proceeding in quo warranto, challenging the right of appellant to hold and exercise the office of aider-man of the city of Springfield. Upon final hearing the trial court found that appellant had unlawfully usurped and was unlawfully holding and exercising said office, and rendered judgment of ouster against him.

Appellee was not, in the first instance, required to support the information by evidence or proof. In the filing of the information, the state challenged appellant’s right, and threw upon him the duty and burden of showing perfect lawful authority for holding and exercising…