State Ex Rel. Chilton County v. Butler

This proceeding seeks a mandamus to the state tax commissioner to require him to assess the property of the Alabama Power Company situated in Chilton county at 60 per cent, of its value and not less. It was begun in the circuit court in the name of the state of Alabama ex rel. Chilton county. The circuit court sustained demurrer to the petition and dismissed it. Counsel for relator filed a declaration of appeal and gave security for the costs of appeal.

The Attorney General has moved this court to dismiss the appeal because not taken by him nor by his authority. The state may pursue such…