Ex Parte Hartwell

THOMAS, Justice.

The facts in the case are simple. The-petitioner, as an elector of the County of Mobile and a resident of the City of Mobile, filed a contest of the election of the respondent Taylor to the office of City Commissioner of the City of Mobile, under the statutes governing election contests— section 545 et seq., Code 1923.

After the trial had proceeded for months, and the parties had closed their evidence in chief, the contestant moved the trial court for a dismissal of his contest without a ruling on the merits. This motion the court refused, upon objection by the contestee. Upon…