Anderson v. Fowler

*588Opinion op the Court by

Judge Miller

Affirming*.

■ Appellant J. H. Amberson, a private citizen proceeding in Ms own right and for the use and benefit of the Commonwealth, brought this action against the appellee Earl L. Fowler charging him with having usurped the office of county attorney of Union county.

As a basis for the charge of usurpation the petition alleges: (1) that Fowler was born January 4, 1894, and was less than 24 years of age when he was elected; (2) that at the time of his election he had not been a citizen and resident of Union county for two years, and was not so at the time the…