Carson v. State ex rel. Bath

— The relator, Bath, filed an information, in the court below, to' oust appellant from the office of treasurer of the city of Tipton, claiming that he was entitled thereto.

Appellant’s demurrer to the information for want of facts was overruled, and upon his refusal to plead further, judgment of ouster was rendered against him. The action of the court in overruling the demurrer to the information, is assigned as error.

It is alleged, in each paragraph of the information, that at the election of 1894 in the city of Tipton, one Thatcher was elected treasurer of the city of Tipton for the term of…