MORRIS v. STATE

6 Div. 574.

122 So.2d 914 (1960)

DeWayne N. MORRIS v. STATE of Alabama, on Information of Herman S. BURGE.

Supreme Court of Alabama.

Rehearing Denied September 15, 1960.


Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., Guy Sparks, Sp. Asst. Atty. Gen., and Wm. H. Burton, Asst. Atty. Gen., for appellant.

Marvin Cherner, Birmingham, for appellee.


LIVINGSTON, Chief Justice.

The trial court in a quo warranto proceeding entered the order here appealed from ousting appellant "from the office of member of the Jefferson County Board of Equalization, and ordered and directed (appellant) not to perform the duties and functions of said office."

It is clear from the pleadings in the cause that the order appealed from was entered due to the failure of appellant to allege and prove that he had been a resident...

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