State on Inf. Murphy v. Johnson

BOULDIN, Justice.

This is a proceeding in the nature of quo warranto, instituted by appellant against appellee to test the latter’s right to hold office as a member of the Board of Revenue of Conecuh County.

The case was heard below on an agreed statement of facts and relief denied.

As here presented the relator makes no claim to the office himself; but challenges the right and title of respondent and seeks to oust him. As thus presented, we seek to summarize the controlling facts:

The Board of Revenue, the governing body of Conecuh County, was created by local act in 1927, Local Acts 1927, p.…