McGallagher v. Bosarge

MERRILL, Justice.

This appeal is from a judgment in an election contest in which the contestant Bosarge was declared elected and appellant McGallagher was ousted from office as a member of the Town Council of Bayou La Batre, a small municipality in Mobile County.

The election was held under the law providing that the five candidates for councilman who received “the largest number of legal votes for the respective offices to be filled” should be declared elected. Tit. 37, § 34(16), Pocket Part, Code 1940. There were fourteen candidates for councilman. Two voting machines were used in this…