Cummings v. Robinson

1. In a suit by two of four members of a board of county commissioners, suing both as officials and as citizens, and by other persons as citizens only, against another who claimed to have been elected to fill a vacancy caused by the death of a fifth member of the board, where it was shown by the allegations that neither the defendant nor any one else had been so elected to fill such vacancy, but that despite this fact the defendant would, unless restrained, present himself as a member of the board and would attempt to act and serve as such member and would thereby interfere with the lawful…