Attorney-General (ex Rel. Robinson) v. Johnson

Attorney-General (ex rel. Robinson) v. Johnson.

Barnard 8f Barnard, for tbe plaintiff.

Sanborn Hardy, for the defendant.

Information in the nature of a quo warranto, alleging tbe relator’s election to tbe office of prudential committee of a school-district, and tbe defendant’s usurpation of tbe office, and praying a judgment of ouster. At tbe last term, tbe defendant signed and filed, tbe following paper:

“Belknap ss. Supreme Court. June Law Term, 1885.

“Atty. Gen. v. Johnson.

“ To prevent further controversy in tbe district, and for tbe promotion of harmony in tbe school.work, I have resigned tbe office of prudential committee * * *, and make no further claim to bold said office.”

Whereupon, tbe defendant moving to dismiss, and tbe plaintiff moving for judgment of ouster as on default, the question of tbe proper entry to be made, upon consideration of tbe facts of tbe case, was sent to tbe trial term, where it was found that there should be a judgment prohibiting tbe defendant from interfering with tbe office; and at this term such a judgment was rendered.

All concurred.