State ex rel. Jeffries v. Kilroy

Franklin, C.

Appellant, as relator, filed a complaint in the Posey Circuit Court against appellee, to oust him from the office of county superintendent of schools, and to have himself declared the legal holder of the office. A demurrer was sustained to the complaint. Appellant excepted, refused to amend, and appealed to this court. The error assigned is the sustaining of the demurrer to the complaint. The complaint is in four paragraphs. The questions for decision are the sufficiency of each of said paragraphs on demurrer. That part of the first paragraph, which is different from anything in…