Hortonv. City of Paragould

J. Fred Jones, Justice.

This is an appeal from a circuit court order overruling a demurrer and dismissing parts of a cross-complaint or counterclaim.

The appellee-plaintiffs as Mayor and city councilmen of the City of Paragould, together with appellee-plaintiffs Harris and Smith as newly elected water and sewer commissioners, filed suit in circuit court against the appellant-defendants as individuals and as water and sewer commissioners, and as members of a class of property owners in Water and Sewer Improvement District No. 3 of the City of Paragould.

The ten page complaint traced the…