Little v. City of Bessemer

35 So. 64, 138 Ala. 127

• Court: Supreme Court of Alabama
• Decided: November 15, 1902
• Status: Published

Opinion

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.

This 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.