Legal Opinion

Donovan v. State Ex Rel. Biggs

Supreme Court of Alabama

Decided January 14, 1926No. 3 Div. 735PublishedCited by 6 opinions

1Opinion of the CourtBouldin, J.

An action in the nature of quo warranto may be brought against any person who unlawfully usurps or intrudes into any profession requiring a license or certificate or other legal authorization in this state. Code, § 9932.

Such action, brought by direction of the judge of the circuit court, proceeds in the name of the state upon the relation of the solicitor in his official capacity. It is not required that the solicitor be made a party personally nor that security for costs be given as, in cases of information filed by a private person. Code, §§ 9933, 9938.

It is contemplated that the judge…

2Cases cited2 opinions

  1. Ex Parte WidemanSupreme Court of Alabama · 1925
  2. Belding v. State Ex Rel. DavisSupreme Court of Alabama · 1926

3Cited by6 opinions

  1. Wilkey v. State Ex Rel. SmithSupreme Court of Alabama · 1943
  2. White v. State Ex Rel. FowlerSupreme Court of Alabama · 1955
  3. McMillan v. State Ex Rel. BiggsSupreme Court of Alabama · 1928
  4. Owen v. State Ex Rel. BailesSupreme Court of Alabama · 1941
  5. Frutiger v. State Ex Rel. DavisSupreme Court of Alabama · 1927

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