McMullan v. State

PATTERSON, Justice:

J. E. McMullan was removed from his position as Mayor of the City of Newton by a judgment of the Circuit Court of Newton County. The suit was one of quo warranto on the relation of Robert A. Weir, Jr., who had been defeated by Mc-Mullan in the Democratic primary as a candidate for the office. The judgment directed a special election for the selection of a new mayor to fill the vacancy in office created by the mayor’s removal. Both parties appeal.

The issue on direct appeal is whether McMullan was qualified to seek and hold the office of Mayor of the City of Newton.

The issue…