Cooper v. Green

Appeal by the mayor of the City of Prichard from a declaratory judgment which determined that the clerk-treasurer of that city was not holding office in violation of Tit. 37, § 405, Alabama Code (Recomp. 1958) (now Code of Ala. 1975, §11-43-3). We reverse and remand.

Mrs. Eva C. Green, the clerk-treasurer of Prichard, was appointed to that position by the city council in 1974 and reappointed in 1976. She is a resident of Mobile. For reasons which require no recitation here the mayor brought a declaratory judgment action in the Circuit Court of Mobile County to determine whether Mrs. Green was…