State Ex Rel. Landis v. Gamble

This being a quo warranto case wherein the pleadings have been settled by this Court, and it appearing that issue has been duly joined on the pleas filed by the respondent herein, which issue of fact thereby raised is triable by jury at the common law, and it further appearing that in cases in quo warranto pending in the Supreme Court, where issues of fact are required to be tried by jury (unless jury is waived by the parties), that the appropriate order to be made by the Supreme Court is to dismiss the cause in' this. Court without prejudice, in order that it may be reinstituted, and duly…