State ex rel. Wolcott v. Kuhns

Citations

• 27 Del. 416
• 4 Boyce 416
• 89 A. 1
• 1913 Del. LEXIS 57

Syllabus

<p>1. States—Officers—Appointment—Power of Governor.</p> <p>The power of appointment conferred on the Governor by Act April 6, 1911 (26 Del. Laws, c. 78), establishing the State Live Stock Sanitary Board, consisting of members of the State Board of Agriculture and a veterinarian, who shall be a competent and qualified person and a graduate of a veterinary college of good standing, to be appointed by the Governor, is restricted to the appointment of a graduate of a veterinary college in good standing, and the appointment of one without the statutory qualification is without authority of law.</p> <p>2. Quo Warranto—Appointment to Office by Governor—Judicial Review.</p> <p>The court, in quo warranta to determine whether an appointee of the Governor, under Act April 6, 1911 (26 Del. Laws, c. 78), establishing the State Live Stock Sanitary Board, consisting of members of the State Board of Agriculture and a veterinarian appointed by the Governor, was a graduate of a veterinary college in good standing as required by the statute, will determine whether such appointee is a graduate of a veterinary college, but will not disturb the decision of the Governor that the college is one in good standing.</p> <p>3. Quo Warranto—Pleadings—Issues.</p> <p>Where, in quo warranta to show by what authority an appointee of the Governor under a state law creating an office holds office, the appointee relies on his appointment, a replication joining a matter for the court with one not for it must be considered as a whole and is bad.</p> <p>4. Quo Warranto—Nature of Proceedings—Pleadings.</p> <p>A quo warranta proceeding is a prosecution, and the information is less of a narr. than an accusation, and by the information respondent is accused of usurping an office, and is called on to show by what authority he holds it.</p> <p>5. Quo Warranto—Information—Plea. -</p> <p>Respondent in quo warranta must show by what authority he holds the office which he is alleged to usurp, and where the authori