State Ex Rel. Landis v. Thompson

This case is before us on demurrer to amended return and motion for a writ of ouster, the return to the contrary notwithstanding, after opinion and judgment rendered herein on September 18th, 1935, reported 163 Sou. 270, in which the judgment was that we sustained the demurrer with leave to amend respondent’s return in particulars not inconsistent with the holdings of that opinion.

We hold the allegations of the return to be inconsistent with the opinion referred to in that it is sought in this return to collaterally attack the contents of what appears on its face to be the legislative…