Scott v. McCoy

Ed. F. McFaddin, Justice.

This appeal necessitates a decision as to the appellant’s right to maintain such an action as was attempted by him.

Appellant, as a citizen and taxpayer, brought this action in the law court against appellee, as sole defendant. The complaint and amendment (each duly verified) alleaed:(1) that McCoy was claiming to be the city attorney of Malvern, and had drawn the salary for two months, and would continue to draw the salary unless enjoined;(2) that McCoy had not been duly appointed as city attorney, because the council minutes — copy attached to the complaint — showed…