State Ex Rel. Phillips v. Slaughter

This action was instituted by the relator, Carl Phillips, to have himself declared the duly elected mayor of the town of Robbins-ville, and to remove the respondent, R. B. Slaughter, from said office. To the complaint of the relator the respondent filed a demurrer upon the ground that it failed to state facts sufficient to constitute a cause of action, in that it failed to allege that sufficient illegal votes had been cast for the respondent, or that sufficient legal votes for the relator had been refused, to alter the result of the election.

The relator alleges that in the municipal election…