Abry v. Gray

■ Allen, J.

This action is brought to try the title to the office of City Clerk of Leavenworth. The defendant James Gray, while holding the office of City Clerk was elected Clerk of the District Court of Leavenworth County, and thereafter duly qualified and took possession of the office. Since taking possession of the last-named office, he has undertaken to discharge — in person and by deputy — the duties of both offices. The Mayor and Council of the city, deeming the two offices incompatible, and the acceptance of the office of Clerk of the District Court equivalent to a vacation of that of…