State Ex Rel. Weatherford v. Hayworth

This is a proceeding in the nature of quo warranto brought to determine the validity of the organization of Union High School District No. 5 in Linn county. The demurrer to the further and separate answers of the defendants was overruled and, upon refusal of the plaintiff further to plead, the circuit court entered judgment in favor of the defendants, sustaining the validity of the high school district. Plaintiff appeals.

The demurrer of the plaintiff presents two questions, viz:

“1. Was the election held by school district No. 42, Linn county, Oregon, on the 17th day of September, 1927, to…