State ex rel. Broatch v. Moores

Irvine, C.

In this, an original action in quo warranto, opinions have already been filed on two occasions. On the first *286the court discussed the merits of a demurrer to the answer of the respondent, and it was held, by a divided court, that the information stated a cause of action and the answer a defense. (State v. Moores, 52 Neb. 770.) The case was then referred for a trial of the issues, and later came before the court on motions, on the one side for a judgment of ouster, and on the other to set aside the referee’s report in favor of the relator. (State v. Moores, 56 Neb. 1.) A judgment of…