Mayor of Monroe v. Hoffman

*652The opinion of the court was delivered by

Howell, J.

This is a suit to compel the defendant to remove a wooden building erected within what is known as the “ fire district ” in the city of Monroe. The defendant excepted to the capacity of the mayor for want of the qualifications to hold said office and the right of the Governor to make the appointment of the mayor or the councilmen.

The right to an office, it is long since settled, can not be thus collaterally raised, and the judge a quo did not err in overruling the exceptions.

The answer presents a three-fold defense:

First — The mayor and…