State ex rel. Swan v. Taylor

*673The opinion of the court was delivered by

Gordon C. J.

This case was tried in the superior court upon an agreed statement of facts, and from a judgment in favor of relator the defendant has appealed. It appears that upon the 5th day of February, 1896, the appellant was duly elected by'the council of the city of Olympia, "a city then and now a city of the third class, to the office of city marshal, and on the 8th day of that month filed his official bond and oath of office and entered into possession of said office, which he continued to hold thereafter until the 1st day of March, 1897, when he…