State Ex Rel. Coe v. Harrison

This proceeding brings into question the right of appellee to hold the office, of councilman - of the city of Dothan. Appellee was eligible to the office when elected, but since his induction into office he has failed to pay the poll tax due from him to the state, and so, confessedly, at the time of the institution of this proceeding, was not a qualified elector.

The result depends upon the proper interpretation of section 1761 of the Code, reading as follows:

“1761 (1069) Mayor and Council; Qualifications; Eligibility of. — Every mayor, councilman and officer elected by the whole electorate of…