Coons v. Isbell

Quo warranto to determine the right to office as mayor of the city of Fayette in Fayette county. There is no controversy concerning the facts. The question between the parties is one of law and depends upon the proper construction of the relevant statutes.

At an election held in September, 1928, appellant was elected to the office of mayor of Fayette. His term of office ran from the first Monday in October, 1928, to the first Monday in October, 1930. According to the federal census in 1930, Fayette had more than 2,000 inhabitants. September 15, 1930, at an election held in all respects…