60 Minn. 325 | Minn. | 1895
This is a writ of quo warranto brought in the name ■of the attorney general to test the title of the respondent, Streukens, to the office of county auditor of Carver county. Respondent was ■duly elected to that office at the general election held in November, 1892, and duly qualified and served his term of two years, which ended on the first Monday in January, 1895. One Frederick West-■e mi art received the highest number of votes for that office at the general election held in November, 1894, was declared duly elected, and given a certificate of election in due form, and thereupon filed
We are of the opinion that Frederick Westerman was eligible to be elected to the office in question, and is entitled to said office, and the possession thereof; that respondent is not entitled to said office; and that the relator is entitled to judgment of ouster against him. Let judgment be entered accordingly.
Mitchell, J., absent, took no part.