City of Christine v. Johnson

This is a suit instituted by appellant against E. M. Johnson, J. H. Norwood, and F. L. Henry, on June 28, 1921, to recover against Johnson, as treasurer of the city of Christine, and the other two as sureties on his bond as said treasurer. Appellees filed a plea in abatement to the cause of action on the ground that the alleged officers of the city who authorized the institution of the suit in 1921 were in law or fact the officers of the city and had no right, power, or authority to institute suit or have the same instituted, because, if elected, they were elected on a day not authorized by…