Hermann v. Morlidge, Etc.

Opinion op the Court by

Judge Harris

Affirming.

The appellee Morlidge holds the office of Manager of the City of Newport, which is a municipality of the second class and operating under the city manager form of government. Making no claim to the office himself and proceeding simply as a private citizen, the appellant Hermann, by the first action mentioned in the caption, sought to oust the appellee, claiming in his petition that the latter is a nonresident of the City of Newport and, therefore, a usurper. Constitution, sec. 234, and City of Lexington v. Thompson, 250 Ky. 96, 61 S. W. 1092. The…