Connor v. State on Information of Boutwell

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, 274 Ala. 629, 150 So.2d 735, was brought for the purpose of determining when the Mayor and Councilmen take office.

At an election held on November 6, 1962, pursuant to the…