Osbekoff v. Mallory

MASON, Justice.

Joseph Osbekoff appeals' from the trial court’s ruling sustaining defendants’ motion to dismiss his petition. Plaintiff instituted a law action against James Mallory individually and as mayor of the town of LuVerne and the incorporated town of LuVerne, stemming from certain alleged illegal acts of defendant Mallory July 5, 1969 while acting as magistrate in mayor’s court in his official capacity as mayor of LuVerne.

In one division of his petition plaintiff seeks recovery on the theory Mallory, acting individually and purporting to act in his official capacity as mayor of…