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STEWART v. NE SMITH

6 Div. 20.

85 So.2d 633 (1956)

Amos A. STEWART v. Carl D. NE SMITH, Chairman Blount County Democratic Executive Committee.

Supreme Court of Alabama.

February 28, 1956.

Attorney(s) appearing for the Case

Johnson & Randall, Oneonta, for appellant.

Finis E. St. John, Cullman, and J. E. Bains, Jack Martin Bains and Carl D. NeSmith, Oneonta, for appellee.

PER CURIAM.

Appellant here appeals from a final judgment dismissing his petition for mandamus directed to appellee as chairman of the Blount County Democratic Executive Committee. The court had sustained a demurrer to his petition, which he declined to amend, thus causing the dismissal. That is one method of reviewing a ruling of the court sustaining a demurrer to a petition or complaint. The ruling is assigned as error and both it and the final judgment are in sufficient...

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