Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-23
COMES UP IN COURT
NTHE UNUSUAL ASPECT OF QUO WARRANTO
PROCEEDINGS
Louis DelbrVges Filed His Petition Before Judge
Paul, Yesterday Afternoon, and Writ Is
sued, Returnabls February ist-A
$500 Bond Required.

made good.
Yesterday, through Dennis OEeeffe,
one of his counsel, he fled a petition for
a writ Of qlio lrdrruHto in open Court,
and being required to give bond, for the
payment Of any costs which may be in
Cured, he executed a bond in the penal
sum Of $500, with w. NJ HandlaR and
John VI. Short as sureties. The writ
was thereupon issued, returnable Feb
ruary LIST.
This proceeding IS said TO be the first
OF its kind every instituted in the Courts
OF either West Virginia or Of Virginia,
and for that reason will have an unUS-
nal interest for the legal profession, as
we'll as the general public. No proyis-
ion for such q proceeding Ia this State
was made until the Constitution of 1872
came in, aud this is the first time such
action has been mad under 10.
A proceeding i'm gJO }rITTOUtO amounts
20 a demand by what authority an Office
or a franchise is held, and 10 is made in
CUmbent upon the defendant 20 set up
and maintain q good claim, In default of
which, if he is an official, he is ouSted
from the possession of his Office. In
this 10 differs materially from ordinary
cases. As one authority states it, pro-
Ceedings IN quo JCUTTCutJ are Anomalous.
In ordinary law cases, the plaintiff,
whether ID be the State or an individual,
is bound TO show a case against the de-
PENDANT; but in an Information in
qUD tCurTUUtO this state is re-
versed. The State is not bound to
show anything, but the defendant is
bound 20 show that he has a right 20
the office in question, and II he fail 10
show authority, Judgment will be given
against him. In an information of qltO
grGrrUDtO there may be two forms of
judgment. Where it is against on OIL
Ger, the Judgment is custer; but when
10 is against q corporation by its COrpOr-
ate name, the judgment is custer and
seizure. In the first case, there is no
franchise forfeited aud there is nothing
70 seize; i'm the last case the franchise is
seized.
Following is the petition presented
yesterday, and the writ
estate Of YES, Virginia, Ohio C0lUth
tJ-Jru,
SIN the Circuit Court Of said County:
'This day came Louis DeIbrugge, by
his attorneys and I'm open Court, and
with leave Of the Court filed his intor-
nation in the nature of suit Of quo
lrUrTUUt0 i'm the name of the State Ct
West Virginia, against Robert L. Me
NichOl. Aud therefore the said Louis
DeIbruCge informs and gives the Court
TO understand and respectfully COM
plains:
That he, the said Louis Delbrugge,
heretofore, to wit, on the fourth Thurs
day 10 January, 1891, at the general
charter election OF the city OF Wheeling,
municipal corporation OF said State, IN
said county, ON that day held In said
city for the election of officers OF said
city by the voters thereof, was duly and
lawfully elected 70 theOllice of Sergeant
of the city of Wheeling for the term OF
two years then next ensuing; that after
wards, % wit, on the 27th day OF Janu-
ary, 1891, before the Second Branch OF
the Council of said city, be took the
oath OF Office as such Sergeant and, with
TWO suretieS, approved by the said Couu-
ell. entered into bond iu the pona. SUN
of $4,000, conditioned as provided by
law for his faithful discharge Of
the duties OF said office of Ser
Ceant. and was then and there
duly. fully and lawfully qualified as
Sergeant of said Office, and did there
fore az once tO-wlJ, on the said @'th day
of January, 1891, at said city, In
said county of Ohio, enter upon
the discharge OF the duties and exercise
OF the power of said office for the said
term, and that he continue 10 discharge
said duties and exercise said power al
an times thereafter until the time Of
the intrusion OF said McNicbol herein
after mentioned. And said Louis Del
brugge further informs the Court and
gives 10 to understand and respect
fully complains, that afterwards and
while said DelbrugEe was righttully
and carefully d.SChargiug the duties
and exercising the powers OF said Office
OF Sergeant Of said City Of Wheeling,
the same being public office, to-wlt:
on the 18th day of December 1901, az
the county and city aforesaid, the said
Robert II. NCNichOl unlGwiully and
without any right, iutrudet into and
lsurppd the said Office of Sergeant OF
the CITY of Wheeling, and since and
still declares that he is rightfully ent,-
tied thereto, and has since prevent
cd and does still prevent
said De'brugge from discharging
the duties end exercising the powers
thereof. but that said McNiChoi is I'M
lawfully and without right diSCh8rglng
such duties and exercising such powers.
And said Delbrugge also alleges that
said NcNichol was q Deputy Ser
geant OF said city, under said Deiorugge,
and during the latyer'S term OF Office
aforesaid, from the said 27th day OF
January. 1891, until about the end OF
August or beginning OF september,
1901 when he resigned said Office Of
Deputy Sergeant.
THE said Louis Delbrugge therefore
saws and AYERS that said Robert /. Nc
Nichol is iD nowiSe entitled 20 said office
of Sergeant OF said city, and prays that,
by the Judgment OF the Court, said Nc
Nichol may be removed Irom said
Office and fined and amerced Tor his IN,
lawful intrusion into and uSurpation oil
said Office, and be adiudged 10 pay the
costs of this suit; and that said Del
brugge may be allowed and awarded
such other and further remedies and
judgments Ga the premises as he Is
properly entitled 20. And he will ever
pray. o-...--,.
estate of West Virginia, Ohio County, to-
trit:
"Louis Delbrugce, whose name Is
signed 10 the foregoing writing, being
duly sworn, on his oath says that the
facts and allegations in said foregoinS