State Ex Rel. Foot v. Burr

Petroleum county was created from the eastern portion of Fergus county by a vote of the qualified electors, under the provisions of the New Counties Act (secs. 4390-4407, Rev. Codes 1921), and county officers were chosen at the election held in November, 1924. The defendants herein were elected county commissioners of the new county and in due time the officers, including the defendants, qualified and entered upon the discharge of the duties of their respective offices. By this action the state, through the attorney general, inquires by what warrant or authority the defendants assume to…