Supreme Court of Alabama, 1902

Little v. City of Bessemer

Supreme Court of Alabama · Decided November 15, 1902 · Dowdell

138 Ala. 127

Cases that cite this one

3 later published cases cite this decision.

Coulter v. Reese (Ala. 1954)
Hodges v. Board of Education of Geneva County (Ala. 1943)
Allen v. State ex rel. Rowe (Ala. 1913)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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