State Ex Rel. Watkins v. Fernandez

It is not a question of the applicability of the remedy of Quo Warranto but whether such action was necessary in view of the statutory remedy invoked by Relator. Sec. 444 C. G. L. The maxim "nemo debit vis vexari pro una; et eadem causa" is applicable. The relator may obtain the same reasons upon the same evidence against this same party in the statutory proceeding which he began as he could obtain by Quo Warranto. I think therefore that the motion to quash should be granted.