State ex rel. Gregory v. Irey

The opinion of the court was delivered by

Mason, J.:

The state on the relation of the county attorney brings this action to oust J. F. Irey from the office of probate judge, alleging that E. B. Roadhouse is rightfully entitled to it. Irey *22answered that Roadhouse is not a citizen of the state or of the United States and therefore cannot lawfully hold the office, and that the defendant is entitled to it until a legally competent person has been chosen or qualified. Judgment was rendered in favor of the defendant and the plaintiff appeals.

The material facts as found by the trial court are: Irey…