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McADAMS v. NE SMITH

6 Div. 879.

40 So.2d 84 (1949)

McADAMS v. NE SMITH et al.

Supreme Court of Alabama.

April 21, 1949.

Attorney(s) appearing for the Case

Bland & Bland, of Cullman, for appellant.

Finis E. St. John, of Cullman, for appellees.

LAWSON, Justice.

This is a declaratory judgment proceeding filed by W. H. McAdams against the City of Cullman and the Mayor and Councilmen thereof.

The purpose of the proceeding was to determine the validity of an election held on February 1, 1949, in the City of Cullman, wherein a proposal to levy a fivemill tax for school purposes for said city was approved by a popular vote of 608 to 184.

The validity of the election was challenged on the ground...

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