Cassady v. Jewell

Opinion op the Court by

Stanley, Commissioner

Reversing.

Both, special and general demurrers were sustained to the petition contesting a local option election in Martin county held on September 15, 1936. The plaintiff suffered the dismissal of his petition and prosecutes an appeal.

The special demurrer was based upon “default of party defendants ’ ’ evidently meanin g ‘ defect of parties defendant.” The members of the county election commission were made the defendants or contestees, which is in accordance with the provisions of section 2554c-13. The conception of defect of parties is that, since…