People Ex Rel. Phelps v. Kerstein

The State’s Attorney of Macoupin County filed a complaint in quo warranto against the appellant, Karl H. Kerstein, in the circuit court of that county, charging that Kerstein was holding the office of county superintendent of schools without lawful right or authority and that appellant, since October 23, 1951, had usurped said office. Appellant filed an amended answer containing two counts, the first of which was in the nature of a plea of justification and the second a plea of estoppel and laches. The State’s Attorney filed, a motion to strike paragraphs 2, 5, 6 and 7 of count I of the…