McCool v. State Ex Rel. Howie

Ethridge, • J.,

delivered the opinion of the court.

J. H. Howie, district attorney, filed a quo ivarranto against the appellants, D. C, McCool, D. C. Ross, and P. W. White, seeldng to remove them from office under the provisions of section 3430, Code of 1906 (section 7015, Hemingway’s Code 1927, section 5990, Hemingway’s Code 1917). The defendants in the suit were aldermen of the city of Canton during the term 1925 and 1026. They were re-elected for the term 1927 and 1928, qualified, and were inducted into office, and are exercising the powers and discharging the duties of the said office for…