Hogan v. State ex rel. Van Antwerp

BRADLEY, Judge.

This is an appeal from an order of the Circuit Court of Mobile County denying appellant’s motion to tax as costs appel*242lant’s attorney’s fees and other costs against appellee who was the unsuccessful informant in a quo warranto proceeding against appellant.

Appellee had instituted quo warranto proceedings against appellant to test his right to hold the office of Special Judge of- the Court of General Sessions of Mobile County, Alabama. And at the time the proceeding was filed, appellee, pursuant to Title 7, Section 1137, Code of Alabama 1940, as Recompiled 1958, gave security for…