Little v. City of Bessemer

Supreme Court of Alabama
Little v. City of Bessemer, 138 Ala. 127 (Ala. 1902)
Dowdell

Little v. City of Bessemer

Opinion of the Court

DOWDELL, J.

The right to public office cannot be tested by injunction on a bill in equity. The remedy is by quo warranto. — Beebe v. Robinson, 52 Ala. 66; Moulton v. Reid, 54 Ala. 323; T-Iigh on Injunctions, (3d ed.), § 1312. The court erred in overruling the motion to dismiss the bill and dissolve the injunction. The decree of the court will be reversed and a decree will he here rendered dissolving the injunction and dismiss-ins the bill.

*129This cause was submitted together with the case of E. A. Little et al. v. T. T. Huey, et al, ex rel. The State, which latter (‘ase is a proceeding by quo toarranto, and in which the questions sought to be presented for review by the present case are. considered and determined. — E. A. Little et al v. Huey, et al. 137 Ala. 640.

Reversed and rendered.

Reference

Full Case Name
Littles. v. The City of Bessemers.
Cited By
3 cases
Status
Published