Carter v. Wiley

JONES, Justice.

This appeal is from a decree of the trial court granting Appellee’s motion to dismiss Appellant’s election contest on the grounds of Appellant’s noncompliance with Code 1975, § 17 — 15-21, requiring election contestants to give to adverse parties notice of the nature of the evidence contestant expects to show at the trial of the case.

Though somewhat complex, the factual background of this case, when reduced to its simplest form, may be stated as follows:

Dan Wiley, Democratic candidate for Mobile County Commissioner in District Two, defeated Republican candidate James A. Carter…