Baxter v. State Ex Rel. Metcalf

GARDNER, Chief Justice.

This is a proceeding in the nature of quo warranto brought in the name of the State on the relation of one Metcalf who does not make himself a party thereto. No private rights are sought to be protected or enforced, but only the exclusion of defendant from the office of Superintendent of Education of Etowah County which he is alleged to have usurped and is unlawfully holding.

Upon consideration of the pleadings and proof the trial court granted the writ and entered a judgment of ouster against defendant, from which this appeal is prosecuted.

By the common law the matter…