Powers v. Hitchcock

COOPER, C.

A demurrer was sustained to plaintiff’s amended complaint and judgment entered for defendant. This appeal is from the judgment and for the purpose of reviewing the order sustaining the demurrer. The complaint alleges in substance as follows: That plaintiff was at the general election held in 1894 duly elected to the office of justice of the peace in the township of Suisun, county of Solano, and qualified, and has continued to, and was at the time of the commencement of this action, December 17, 1898, exercising the functions of such justice of the peace. That at a primary election…