Schattler v. Circuit Judge

68 N.W. 1102, 1 McGrath 321

Opinion

To vacate an order setting the trial of a quo warranto proceeding for a day certain in term, upon motion of the prosecuting attorney, the issue having been but recently framed, the case not being upon the docket and no “notice of trial” having been given, nor could the same have been given after issue joined.

Order to show cause denied June 17, 1896, on the ground that quo warranto proceedings are governed exclusively by Chap. 298, How. Stat. and that How. Stat. Sec. J551 does not apply.