LIVINGSTON, Chief Justice.
Quo warranto to determine the right of Henry Haralson, the duly elected Mayor of Fort Payne, Alabama, to sit with the Council of said city and vote in its proceedings. Haralson was elected Mayor of Fort Payne in a municipal election held on September 15, 1952.
Section 404, Title 37 of the 1940 Code of Alabama, provides:
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