Sweat v. Barnhill

1. In a quo warranto proceeding instituted under the Civil Code, § 5451, where an issue of fact is raised by the respondent as provided in § 5453, “the judge shall forthwith” draw a jury and fix a day for the trial of the ease, which “ shall not be less than ten nor longer than thirty days,” the judge having a discretion “to continue the hearing from day to day,” and, whether begun in term time or vacation, the judge shall “so order all the proceedings connected with and usual in such cases that the final determination shall be had by him in ten days from the commencement of such” proceeding.…