Hulgan v. Thornton

Atkinson, Presiding Justice.

(After stating the foregoing-facts.) The petition of Thornton as originally filed contained various allegations to establish his claim to the office, though he was defeated in the election. After a general demurrer was interposed and before a ruling thereon was made, all allegations asserting a claim to the office were stricken, thus leaving the petition only with allegations attacking the eligibility of Hulgan, to wit, that at the time of the election he was not a legal voter and had previously been convicted of a felony. Accordingly, as the petition stood at the…