105 Tenn. 588 | Tenn. | 1900
The bill in this cause was filed by the District Attorney-general in the name of the State of Tennessee upon the relation of E. T. Warner, claiming to be Mayor, and G. A. La-
The bill in the case was filed under §§ 5168, 5169 and 51Y0 of the (Shannon’s) Code, and the •signature of the Attorney-general to it was essential. State v. Turnpike Company, 3 Tenn. Chancery, 163; State v. McConnell, 3 Lea, 337; State v. Johnson, 8 Lea, 74.
And it is “beyond all doubt the suit provided for under these sections was intended to be a ■suit by the State to subserve the public interests.” Id.
Erom these premises it follows that the District
Such is the view with regard to the control of the State’s representative over quo warranto proceedings instituted under statutes like ours, taken in Mathews v. State, 82 Texas, 577; People v. Knight, 13 Michigan, 231; Com. v. Dillon, 81 Pa. St., 44.
The Chancellor was in error in retaining the suit after this petition was filed. On this ground the decree of the Court of Chancery Appeals dismissing the hill is affirmed.