Leggitt v. Nesbitt

MOORE, Justice.

This proceeding was brought by appellee, Harold Nesbitt, for a writ of mandamus commanding appellant, W. R. Leggitt, in his official capacity as acting City Clerk of the City of Gladewater, to file and certify to the governing body of the City as sufficient under the provisions of the City’s Charter a petition filed by appellee Nesbitt and others, requesting the recall of three councilmen, to-wit: F. Ames Lawrence, B. P. Dake and M. A. “Mel” Pyeatt, from their offices as City Councilmen of the City of Gladewater.

In a trial before the court, without a jury, the trial judge…