Reynolds Must Defend Right To
- Bf-——----——
Serve As Chilton County Probate JudgeI
T REVERSES
IN CONTEST CASE
Judgment Of Lower Court
Ordering Approval Of Con
test Cost Affirmed
STATE CAPITAL BUREAU 1
THE AGE-HERALD >
Montgomery, Ain., June 30
I.#. H. Reynolds, republican probute
judge of Chilton county, must defend
Ills right to serve as probate Judge
during the six-year term which be
gan last January. The supreme court
Saturday granted a rehearing in the
case of M. D. Foshee, as clerk, vs.
the state ex rel C. D. Messer, with
drew its decision reversing the de
cision of the Chilton circuit court
and rendered another decision af
firming the action of the lower court
in directing the clerk of the cir
cuit court to approve the security of
cost filed by Messer in his contest
of the election of Reynolds.
Reynolds was the republican nomi
nee and Messer the democratic nomi
nee for probate judge in the general
election last November. Reynolds
was declared duly elected by the elec
tion commission. Messer filed a con
test and submitted a list of persons
who were to guarantee the payment
of the costs of contest. It was al
leged that Foshee, who was the re
publican circuit clerk at the time,
declined to approve those who guar
anteed the payment of the costs. Mes
ser applied to the circuit court for a
writ of mandamus directing Foshee
to issue an order of approval. The
writ was issued, but *thc original
decision of the supreme court re
versed the decision of the lower
court. The decision Saturday with
drew tho original decision and af
firmed the judgment of the lower
k ourt.
