Sears v. Carson

ON APPLICATION FOR REHEARING

This Court's opinion of June 9, 1989, is withdrawn and the following is substituted therefor:

This case arises out of a dispute over the results of the August 23, 1988, town council election in Franklin, Alabama. This is an appeal of the circuit court's order setting a date for filing an election contest and the court's order allowing the appellee to remain in office until resolution of the contest.

The issues we address are whether Code 1975, § 17-15-6, precludes this Court from exercising jurisdiction over this case;1 whether the canvassing board acted unlawfully…