Gowey v. Siggelkow

TAYLOR, Justice.

Plaintiff (appellant) brought this action under authority of I.C. § 6-602 to procure a judgment adjudging him to be the rightful chairman of the board of trustees of the village of Garden City, in Ada co.unty, alleging that defendant (respondent) had intruded into and usurped that office.

Upon motion of the defendant, the action was dismissed on the ground “that the complaint fails to state a claim upon which relief can be granted and that there is no genuine issue as to any material fact.” Plaintiff brought this appeal from the judgment of dismissal.

In the complaint it is…