Bartholomew v. City of Tipton

— Judgment was rendered against appellant for failure to plead over on the sustaining of a demurrer to his complaint. If the'complaint does not state a cause of action, there must he an affirmance ; otherwise a reversal. The material facts alleged in the complaint were in substance as follows: From January 5, 1910, to January 5, 1913, appellant was treasurer of the city of Tipton. Tipton is a city of the fifth class. During the time appellant was its treasurer it owned certain public utilities, to *658wit, a water and a lighting plant. Consequently, although a county seat, it was required by the…