Sutton v. Adams

Beck,- Presiding Justice, and Worrill, Judge,

dissenting.

We concur in the ruling of the majority that the writ of mandamus, and not injunction, would have been the proper remedy to enforce the plaintiff’s alleged right as a public official to have his name and salary placed upon the budget.

But we are of the opinion that under the facts alleged the petitioner showed that he had been ousted from the office to which he claims title. The mere fact that in his allegation he does not use the expression “had been ousted,” or had been deprived of the office, does not matter, inasmuch as the…