Lambert v. Morton

Hatcher, Judge:

This is a certified case, presenting the sufficiency (1) of a notice of motion for judgment, and (2) of a special plea offered in reply. The circuit court overruled a demurrer to the notice and sustained a demurrer to the plea.

The notice states that the plaintiff, Lambert, was the legal sheriff of Nicholas county from January 1, 1929, to March 18, 1929, inclusive, and was entitled to receive the salary of that office; but that during this period the defendant, Morton, illegally claimed to be the sheriff, and was unlawfully paid the salary of the office, amounting to $537.67;…