State Ex Rel. Tallapoosa County v. Butler

THOMAS, Justice.

The motion of the state of Alabama to dismiss the “application for the writ of mandamus'’ was challenged by demurrer, which, on due consideration, was overruled, the motion of the state granted, and the application for writ of mandamus dismissed. From the action of the trial court in sustaining the state’s motion, this appeal was taken. °

The decisions in State ex rel. Chilton County v. Butler, State Tax Com’r, 225 Ala. 191, 142 So. 531, and State ex rel. Foshee v. Butler, State Tax Com’r, 225 Ala. 194, 142 So. 533, touch some phases of this case. In the Foshee Case, the…