McMillin v. Neeley

Brannon, Judge:

O. E. McMillin was elected, 21st March, 1908, as councilman of the city of Fairmont, and was duly declared elected, took the oath of office, was admitted as a member by the city council, acted as such for months. Later, a citizen filed with the council a petition alleging that McMillin was incompetent to hold the office because of not being a free-holder at the time of his election. The council tried the matter and by a vote of five to four declared the office of councilman held by Mc-Millin as vacant, acting under section fifteen of the city charter providing that if any…