Lynde v. Dibble

*329The opinion of the court was delivered by

Gordon, J.

The appellant instituted this action in the superior court of Spokane county to compel the respondent to surrender to him possession of the office of clerk of the municipal court of the city of Spokane, and the books, papers, seal, etc. pertaining thereto. In the lower court judgment was given for the respondent, dismissing the action, and from that judgment this appeal was taken. The office in contention was established by the legislature in 1891. Session Laws 1891, p. 111, § 12 (1 Hill’s Code, 535, Bal. Code, § 754).

The act creating the…