Doughty v. Bryant

It is well settled that, for one in possession of a public office to invoke the aid of a court of equity to protect his proprietary interest therein by injunctive process, he must show a continuing prima facie right to occupy the office as against his adverse claimant. Casey v. Bryce, 173 Ala. 129, 55 So. 810; Wright et al. v. Cook et al., 216 Ala. 270, 113 So. 252.

This principle is limited to the incumbent in possession to protect a proprietary right, and does not extend to a mere citizen and taxpayer who has no proprietary right, and whose only right is in common with the general public.…