Fleming v. Anderson

These two cases involve the same questions of law, were heard together in the court below, and will be disposed of in a single opinion here.

While the sole assignment of error in each case is to the action of the trial court in sustaining a demurrer to the notice of motion for judgment, a statement of the factual background of the litigation, as disclosed by the briefs, will perhaps clarify the issues presented.

In November, 1939, A. A. Fleming and W. M. McFall were elected to the respective offices of sheriff and treasurer of Dickenson county, and duly qualified as such for the term beginning…