Banks v. Zippert

Appellant Ralph R. Banks, Jr., appeals from the judgment of the Probate Court of Greene County, Alabama, declaring the office of district judge of Greene County vacant, pursuant to an election contest filed by appellee John Zippert. We affirm.

Richard Osborne and Ralph R. Banks, Jr.,1 were candidates for the office of district judge of Greene County in the Democratic primary election held September 7, 1982. Osborne was the victor and was certified as the party's nominee. No other party nominated candidates for that office.

On October 12, 1982, Banks learned that Osborne had been convicted of…