State ex rel. Lockhart v. Hauss

The relator of the plaintiff claims to be sheriff of Gibson county. The appellee is in possession of the *106office. The information is prosecuted for the purpose of excluding the appellee from the office, and to require him to surrender it to the relator. A demurrer was sustained to the complaint. Proper exceptions were taken, and the errors assigned raise the question of the right to the office.

The complaint states substantially" that the relator was elected sheriff of Gibson county, at the October election, 1870, received his commission, was duly qualified, and entered upon theu discharge of…