HUGHES v. STATE

8 Div. 494.

40 So.2d 325 (1949)

HUGHES, Mayor, v. STATE ex rel. BREWER et al.

Supreme Court of Alabama.

April 28, 1949.


Attorney(s) appearing for the Case

Griffin, Ford, Caldwell & Ford and C. L. Watts, all of Huntsville, for appellant.

Lanier, Price, Shaver & Lanier, of Huntsville, for appellees.


BROWN, Justice.

This appeal is by the respondent Hughes as Mayor of the Town of Madison, Alabama, from a judgment of the circuit court awarding peremptory writ of mandamus, commanding him to call an election to determine whether the town will adopt the commission form of government or remain under the aldermanic form.

There are but two insistences made by the appellant. The first is that he was not proceeded against by the petition for mandamus as the Mayor...

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