State ex rel. City of Prichard v. Jansen

MERRILL, Justice.

This is an appeal from a final judgment of the Circuit Court of Mobile County denying on the merits a writ of mandamus against the Judge of Probate of Mobile County, dismissing the proceeding and taxing the costs against the relator, City of Prichard.

On January 18, 1960, City of Prichard filed a proceeding to annex adjacent territory under Tit. 37, §§ 138-187, Code 1940, which permits the voters of the territory proposed to be annexed to determine whether the territory shall be brought into the city. Two days later, the City of Mobile filed a similar proceeding to annex the…