Miller v. State Ex Rel. Peek

LIVINGSTON, Justice.

This is an action in the nature of quo warranto (section 1136, Title 7, Code of 1940), instituted in the name of the State on relation of J. L. Peek, and J. L. Peek, individually (section 1142, Title 7, Code), against' Cecil C. Miller, charging him with usurping,- intruding into and unlawfully holding the office of director of traffic and law enforcement, for the city of Anniston, a public office, without warrant or authority of law.

In pertinent part, the complaint alleges:

“3. That the respondent, Cecil C. Miller, has usurped, intruded into and unlawfully holds without…