State ex rel. Smith v. Deason

The opinion of the Court heretofore announced is withdrawn and the following opinion is substituted in lieu thereof.

This is an appeal from the judgment by the Circuit Court of Walker County, Alabama, in a quo warranto proceeding brought by the appellant Smith. The proceeding involves the right of the contending parties to membership on the Board of Revenue of Walker County for District No. 1. At the time of trial, the office was held by J. H. Deason and claimed by Arthur Smith.

The office was formerly occupied by the late E. W. Swindle, who was elected at the General Election of November,…