Baillie v. Walker

DAVID POPPER, Circuit Judge.

This cause came on to be heard upon defendant’s motion to dismiss plaintiff’s petition for injunction for failure to state a cause of action, or in the alternative to dismiss or abate the cause for lack of jurisdiction over the subject matter. The court has heard arguments of counsel for the respective parties, and being duly advised in the premises, finds as follows —

This is a suit of an equitable nature. By his petition for injunction, plaintiff alleges that defendant is not qualified to hold the office of councilman of the town of Medley, to which defendant was…