Lindsey v. Holland

TATE, Judge.

This is a suit for an injunction restraining the defendants, who claim to be the Mayor and four Aldermen of the town of Greensburg, from holding an election. The District Court rendered judgment in favor of petitioners, from which defendants appeal.

The facts show that between 1947 and 1952 the defendants were variously commissioned as Mayor and Aldermen of the town of Greensburg by the incumbent Governors, as vacancies arose. In August 1956, the then incumbent Governor issued commissions replacing all but one of these holdover appointees. It appears that traditionally elections…