State v. Deakyne

Carey, J.:

The motion to dismiss is based upon the allegation that the averments contained in the petition do not disclose a prima facie case, and it is therefore in the nature of a demurrer requiring the Court to consider all allegations of the petition as true. More specifically, the respondent submits four reasons why the petition is insufficient: (1) The petition states insufficient facts to enable the respondent to answer; (2) Miller’s right to the office of Councilman and his acts as such can not be questioned collaterally in an action to which he is not a party; (3) The words “eligible…