Pitts v. Culpepper

Complainant, a resident and taxpayer of Russell county, seeks injunctive relief agaipst the holding of an election for the removal of the county seat from Seale to Phenix City, upon the theory that such an election is not authorized by law.

Equity jurisdiction in cases of this character was established in Dennis v. Prather, 212 Ala. 449, 103 So. 59 (adverted to and differentiated in Wilkinson v. Henry, 221 Ala. 254, 128 So. 362, 70 A. L. R. 712), and that question, we conclude, needs no further discussion.

Complainant insists the election is prohibited by the legislative will, as expressed in…