Akers v. State ex rel. Witcher

SIMPSON, Justice.

This case was initially assigned to the late, lamented Justice John. L. Goodwyn, and recently reassigned to the writer for study and preparation of the opinion.

In the trial court this action was a quo warranto proceeding instituted by George Witcher, a citizen of the City of Garden-dale, a municipality of Alabama, located in Jefferson County, against John R. Akers, Jr., to have determined his right to serve as alderman of the City of Gardendale.

The substance of the petition for writ of quo warranto was that Akers was ineligible to hold the office as alderman of the City of…