State Ex Rel. Ellis v. Griggs

BROWN,. J.ustice.

This is a proceeding in the nature of quo warranto, instituted by the appellant, as authorized’ by the statute, section 9932, Code 1923, to restrain the appellee, who is the superintendent of education of Mobile county, from exercising the office of a member o'f the board of school commissioners for Mobile county, created by the act approved August 22, 1919, Loc. Acts 1919, pp. 73-75.

The appellee admits that he is performing the functions and exercising the powers of said office, and seeks to justify under the provisions of the local act of the General Assembly of Alabama,…