State Ex Rel. Fletcher v. Naumann

The instant action is predicated on Section 1091, Code, 1927. The provisions material to this action read as follows:

“Aiiy * * * elective officer * * * may be removed from office by the district court for any of the following reasons:

“1. For willful or habitual neglect or refusal to perform the duties of his office.

“2. For willful misconduct or maladministration in office.

“3. For corruption. * * *”

Section 1093, Code, 1927, provides: “The petition for removal may be filed: 1. By the attorney-general in all cases. * * *”

The defendant, B. L. Naumann, was a duly elected and qualified member of…