COOPER v. GREEN

77-254.

359 So.2d 377 (1978)

A. J. COOPER v. Eva C. GREEN, etc., et al.

Supreme Court of Alabama.

May 26, 1978.


Attorney(s) appearing for the Case

Richard D. Horne, Mobile, for appellant.

Ralph Kennamer, Otto E. Simon, Mobile, for appellees.


BEATTY, Justice.

Appeal by the mayor of the City of Prichard from a declaratory judgment which determined that the clerk-treasurer of that city was not holding office in violation of Tit. 37, § 405, Alabama Code (Recomp. 1958) (now Code of Ala. 1975, § 11-43-3). We reverse and remand.

Mrs. Eva C. Green, the clerk-treasurer of Prichard, was appointed to that position by the city council in 1974 and reappointed in 1976. She is a resident...

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