McRae v. State ex rel. Hyche

LIVINGSTON, Chief Justice.

This is a quo warranto action brought under the provisions of Section 1136 of Title 7, Code of Alabama 1940. It is instituted on the information and relation of Richard J. Hyche, and has for its purpose the ousting of the defendant, Knox McRae from the office of Sheriff of Morgan County, Alabama, and to install the relator, Hyche, in that office. The demurrer of Knox McRae, to the information, was overruled, whereupon, McRae filed three pleas, the first two of which were the general issue. Plea 3 set up in detail the facts pertaining to defendant’s appointment to the…