Rogers v. Carleton

This is an action in the nature of quo warranto to try title to the office of mayor of the city of Clinton.

Plaintiff below was the legally qualified and acting mayor of said city. Under the charter his term would expire April 2, 1942. On July 18, 1940, he submitted his written resignation to the city commissioners conditioned only that it become effective August 15, 1940. The resignation was accepted by order of the board on July 26, 1940. On August 9th the plaintiff filed a written withdrawal of the resignation. On August 17th, two days after the effective date of the resignation, the board…