City of Nevada v. Slemmons

This matter was submitted to the court on the pleadings, and the facts are not in dispute. By statute the City of Nevada, Iowa, is entitled to six councilmen. On May 12, 1952, one councilman resigned and his resignation was duly accepted May 21, 1952. At a council meeting on July 16, 1952, the name of the defendant, one Kenneth Slemmons, residing in the proper ward, was placed in. nomination and by voice vote received four of the votes of the remaining five councilmen. When the voice action was questioned by the city solicitor defendant did not qualify but his name was again placed in…