Harding v. Albert

Chris Albert, Beecher Hughey, John L. Rehfelt and Earl V. Smith, in April, 1938, were elected commissioners of the city of Decatur. The appellants, who are electors, filed a petition in the circuit court of Macon county to contest their election. The successful and defeated candidates were made defendants. The court, on motion, dismissed the petition, and the point for decision is whether an elector of a city operating under the Commission Form of Municipal Government act can contest the election of a commissioner.

The petitioners alleged that the city of Decatur was organized under the Cities…