State Ex Rel. Parks v. Tucei

Anderson, J.,

delivered- the opinion of the court.

Appellant filed his petition in the circuit court of Harrison county against appellee to- try the right to the office of councilman of the city of Biloxi, Mississippi, claimed by each of them. Appellee’s demurrer to both the original and the amended petition was sustained, and appellant declining to plead further, final judgment was entered dismissing the petition. Prom that judgment appellant prosecutes this appeal.

Section 3053, Code 1930, provides, among other things, that the remedy by information in the nature of a quo warranto may be…