State Ex Rel. Chambers v. Bates

FOSTER, Justice.

This is a proceeding in quo warranto to oust appellee as a city commissioner of Mobile for a term beginning October 1, 1935. The petition is in general terms, alleging that appellee is guilty of usurping or intruding into or unlawfully holding or exercising the office of a city commissioner.

There was no demurrer to the petition, but the respondent made answer, in which he asserted that he was holding such office for such term in that he was elected to it at an election held on September 9, 1935 (which was the second Monday); that he had filled a regular term ending September…