Gibbs v. People

This is an action in quo warranto brought to test the right of H. K. Gibbs to the office of County Clerk and Recorder of Delta County, and to replace him by one John C. Watts, who claims to be éntitled to the office. In the trial court Gibbs interposed a demurrer to the complaint, which was overruled. He elected to stand upon an objection and exception to that ruling. Judgment was entered for Watts, holding that he was entitled to the office, which judgment Gibbs brings here for review.

The essential facts are that Gibbs, for two years prior to the commencement of this action, was the duly…