People ex rel. Weisbord v. Lockhard

Proceeding in the Garfield District Court in the nature of quo warranto under chapter 28,' section 320, to 329, Code Civ. Proc. Rev. St. 1908. A general demurrer to' the relator’s complaint was sustained; he stood on his demurrer and judgment followed for the defendants.

*440The lower court decided that the action sought “to redress an alleged private injury, only, to> the relator,” and this is the principal question involved, along with the contention that he should have obtained leave of court to bring the action, and also that the act of May 3, 1905, concerning irrigation districts, secs. 3440…