Commonwealth Ex Rel. Wootton v. Berninger

Opinion op the Court by

Judge Clay

Affirming.

The commonwealth of Kentucky, on relation of the Attorney General, brought this action against John1 A. Berninger to oust him from the office of commissioner of the city of Newport on the ground that he .was a usurper. Berninger answered in two paragraphs. In the first paragraph he denied certain material allegations of the petition, and in the second paragraph pleaded certain facts which will be hereafter noted. Having declined to plead further after its demurrer to each of the paragraphs had been overruled, the petition was dismissed, and the…