Osborne v. Banks

This case comes to us on appeal from a final order of the Circuit Court of Greene County, finding that the appellant, Richard Osborne, was disqualified from serving as district judge of Greene County, and permanently enjoining the members of the Board of Supervisors from certifying him as newly elected to that position.

This litigation raises two precise issues:

1. Does the law of Alabama support the trial court’s conclusion that Osborne is ineligible for, and disqualified from, holding office under § 36-2-l(a)(3), Code 1975?

2. Does the plaintiff have an adequate remedy at law in this case,…