STATE v. LAUTEN

1 Div. 471.

56 So.2d 106 (1952)

STATE ex rel. RADCLIFF et al. v. LAUTEN.

Supreme Court of Alabama.

January 10, 1952.


Attorney(s) appearing for the Case

Curtis L. Moody, Mobile, and C. LeNoir Thompson, Bay Minette, for appellants.

J. B. Blackburn and Chason & Stone, all of Bay Minette, for appellee.


FOSTER, Justice.

This is a proceeding to oust by quo warranto appellee who was appointed circuit solicitor to fill a temporary vacancy created by reason of the induction into the Armed Forces of the solicitor elected to that office.

The first matter we will treat is whether security for costs was given as required by section 1137, Title 7, Code. The petition was not filed on the order of the judge of the circuit court but by the State on the relation of certain...

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