State ex rel. Howard v. Cole

MERRILL, Justice.

This is an appeal from a final judgment dismissing appellants’ complaint. The complaint, in the nature of quo warranto, sought to oust the appellees as members of the Civil Service Board of Sylacauga on the ground that the local act creating the Civil Service Board violated subdivision 18 of Sec. 104 of the Constitution of 1901. The trial court sustained defendants’ demurrer and plaintiffs declined to plead further, and appealed from the dismissal of the cause.

The complaint alleges that under Sylacauga’s charter, the city council and the mayor have the power to appoint,…