CONNOR v. STATE

6 Div. 992.

153 So.2d 787 (1963)

Theophilus Eugene CONNOR et al. v. STATE of Alabama on Information of Albert BOUTWELL et al.

Supreme Court of Alabama.

May 23, 1963.


Attorney(s) appearing for the Case

Reid B. Barnes and S. Palmer Keith, Jr., Birmingham, for appellants.

John S. Foster and Graham, Bibb, Wingo & Foster, Birmingham, for appellees.


GOODWYN, Justice.

Appellants, respondents below, were elected in 1961 to a four-year term as the three members of the Birmingham City Commission. Appellees, petitioners below, were elected on April 2, 1963, as Mayor and Councilmen of the City of Birmingham and took their oaths of office as such on April 15, 1963. This quo warranto proceeding, a sequel to the declaratory judgment proceeding in Reid v. City of Birmingham, Ala.Sup., 150 So.2d 735

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