F. E. FREEMAN, E. Y. PONDER, JACK PAYNE, GLENN RAMSEY, for Themselves and Such Other Citizens and Taxpayers of Madison County as May Make Themselves Parties to This Action, v. THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY.
(Filed 4 March, 1942.)
Appeal by defendant from Nettles, J., at Chambers, 4 October, 1941. From Madison.
Affirmed.
This was a taxpayers’ suit to restrain tbe unlawful payment of public funds to John P. Rice, who, it was alleged, bad been elected by defendant Board as tax collector of Madison County without authority of law. From an order bolding tbe attempted election of Rice illegal and restraining defendant Board from paying tbe salary of tbe office to him, tbe defendant appealed.
John H. McElroy and J. W. Haynes for plaintiff, appellee.
Roberts & Baley for defendant, appellant.
Devin, J.
Tbe facts upon which tbe order appealed from was based are tbe same as those fully set out in State ex rel. Hill v. Ponder and Rice, ante, 58. In tbat case tbe title to tbe public office of tax collector of Madison County was directly in issue, and it was there adjudicated tbat Roy Wade Ponder was tbe duly elected tax collector in and for Madison County, and tbat tbe attempted election of John P. Rice by defendant Board was without authority and of no effect. Hence tbe order of tbe court below restraining defendant Board from making payment of public funds to John P. Rice as tax collector must be
Affirmed.