State Ex Rel. King v. Smith

This was an action brought to remove the defendant from the office of county commissioner of Flathead county. The complaint was in three counts. A general demurrer was sustained as to the first count and a special demurrer as to the second. The third count was dismissed on motion of the plaintiff. Thereafter, the plaintiff having declined to plead further, a judgment of dismissal was entered. The appeal is from the judgment. Error is assigned upon the court’s rulings in sustaining the several demurrers.

Plaintiff, as county attorney of Flathead county, in his first cause of action alleged the…