State ex rel. Tracy v. Henry

The facts in this case are similar to those presented in State ex rel. Nelson v. Henry, 216 Wis. 80, 256 N. W. 714. That case determined most of the issues that were supposed to be involved in this case at its commencement. The only remaining question is whether a failure to include as parties defendant the present incumbents of the offices or positions vacated by the discharge of petitioners constitutes a defect of parties defendant that can be reached upon a motion to quash. The question is not the same as would be presented upon a motion to interplead these incumbents. The motion to quash,…