STATE v. BERGLIN

1 Div. 766.

104 So.2d 477 (1958)

STATE of Alabama ex rel. Ed. SHELDON et al. v. Marvin BERGLIN.

Supreme Court of Alabama.

July 24, 1958.


Attorney(s) appearing for the Case

C. LeNoir Thompson, Bay Minette, for appellants.

J. B. Blackburn, Bay Minette, Ernest M. Bailey and E. G. Rickarby, Fairhope, for appellee.


SIMPSON, Justice.

This is an appeal from a judgment of non-suit in a quo warranto proceeding wherein petitioners sought to oust one Marvin Berglin from the office of councilman of the town of Fairhope. The quo warranto petition claimed certain irregularities in the election of Berglin by the town council in filling a vacancy caused by the resignation of Councilman Fleming.

Appellee has filed in this Court a motion to dismiss the appeal, because the case is...

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