People ex rel. Huston v. Hunt

Whitson and Hol-LISTER, JJ., concurring.

This is an action prosecuted in behalf of J. H. McCarty, under chapter 4 of the civil practice act, to recover the possession of the office of county commissioner, which is claimed to have been, before that time, illegally usurped and taken possession of by the defendant, appellant. Judgment was rendered by the district court against the defendant, appellant, and the case is now brought to this court on appeal, to reverse that judgment.

On the part of J. H. McCarty it is claimed, that on the second Monday of August, 1868, pursuant to the statute in such…