Coulter v. Reese

CLAYTON, Justice.

Appeal by complainants below from a judgment of the Circuit Court of Russell County sustaining demurrer of respondents to complainants’ petition for writ of mandamus.

There is no disagreement as to the facts. The pivot of dispute on the law of the case may be summarized by the question: May a resident of a city which is operating under a commission form of government, as prescribed by Title 37, Sections 35-38 of the Code, invoke mandamus to require city commissioners, holding office under unexpired appointments by the Governor of Alabama, to call an election to fill these same…