Hughes v. State Ex Rel. Brewer

BROWN, Justice.

This appeal is by the respondent Hughes as Mayor of the Town of Madison, Alabama, from a judgment of the circuit court awarding peremptory writ of mandamus, commanding him to call an election to determine whether the town will adopt the commission form of government or remain under the aldermanic form.

There are but two insistences made by the appellant. The first is that he was not proceeded against by the petition for mandamus as the Mayor of the Town of Madison, but as an individual, and that the reference in the petition to “Mayor of the Town of Madison” was merely…