Sally v. Baker

Opinion of the Court by

Judge Clarke

Affirming.

Appellant, who was plaintiff below, claiming to be entitled to the office of police judge of the city of Hazard, a city of the fourth class, instituted this action, under section 483, Civil Code, against W. W. Baker, charging him with having usurped the office of police judge and seeking to oust him. A demurrer to his petition was sustained and, having declined to plead further, the petition was dismissed and he has appealed.

Plaintiff claims to have been elected to the office at the regular election in 1917, but admits that the defendant was…