McMillan v. State Ex Rel. Biggs

This is a proceeding in the nature of quo warranto, under subdivision 1 of section 9932, Code of 1923, to exclude respondent from unlawfully practicing the profession of dentistry. The proceedings were properly brought, under the direction of the circuit judge, in the name of the state, upon the relation of the solicitor in his official capacity. Donovan v. State, 215 Ala. 55, 109 So. 290; Frutiger v. State, 215 Ala. 451, 111 So. 37; Fraser v. State, 216 Ala. 426, 113 So. 289; Cummings v. State, 214 Ala. 209, 106 So. 852; Robinson v. State, 212 Ala. 459, 102 So. 693.

The first two assignments…