Little v. City of Bessemer
Supreme Court of Alabama
Appeal from the City Court of Bessemer, in Equity. Heard before the Hon. B. C. Jones. The bill in this case was filed by the appellees, the city of Bessemer, the Mayor and Board of Aldermen of the city of Bessemer, and the individuals constituting the said Board of Mayor and Aldermen, against appellants, and prayed to have some of the defendants enjoined from exercising the functions of the office of Police Commissioner, and some of the other defendants from acting as…
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Appeal from the City Court of Bessemer, in Equity. Heard before the Hon. B. C. Jones. The bill in this case was filed by the appellees, the city of Bessemer, the Mayor and Board of Aldermen of the city of Bessemer, and the individuals constituting the said Board of Mayor and Aldermen, against appellants, and prayed to have some of the defendants enjoined from exercising the functions of the office of Police Commissioner, and some of the other defendants from acting as Policemen, under their appointment by the police commissioner; it being averred that the defendants who acted as police…
1Opinion of the CourtDowdell, 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.
*129This 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…
2Cases cited2 opinions
- Beebe v. RobinsonSupreme Court of Alabama · 1875
- Little v. State ex rel. HueySupreme Court of Alabama · 1902
3Cited by3 opinions
- Hodges v. Board of Education of Geneva CountySupreme Court of Alabama · 1943
- Allen v. State ex rel. RoweSupreme Court of Alabama · 1913
- Coulter v. ReeseSupreme Court of Alabama · 1954