HARALSON v. STATE

7 Div. 211.

71 So.2d 79 (1953)

HARALSON v. STATE ex rel. KING et al.

Supreme Court of Alabama.

Rehearing Denied March 18, 1954.


Attorney(s) appearing for the Case

C. A. Wolfes, Leonard Crawford, Fort Payne, for appellant.

Chas. J. Scott and W. M. Beck, Fort Payne, for appellees.

Si Garrett, Atty. Gen., and Bernard F. Sykes, Asst. Atty. Gen., amici curiae, in support of appeal.


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:

"In all cities and towns at the general election to be held on the third Monday in September, 1940, and...

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