Napier v. Gay

Opinion op the Court by

Stanley, Commissioner

—Reversing.

The appellee, N. S. Gray, in a petition in equity, asserted his membership in the council of the city of Hazard, and charged that the appellant, C. W. Napier, Jr., was interfering with him in the discharge of his official duties and claiming to be a member of the council by virtue of his election by other members to lili a vacancy pretended to exist by reason of the plaintiff’s attempted removal under void procedure. He sought an injunction enjoining the defendant from taking possession of his office and interfering with him in the…