MEIXELL v. HELLERTOWN BORO. COUNCIL


370 Pa. 420 (1952)

Meixell, Appellant, v. Hellertown Borough Council.

Supreme Court of Pennsylvania.

April 14, 1952.


Attorney(s) appearing for the Case

Philip J. Gahagan, for appellant.

Milton J. Goodman, with him Bernard V. O'Hare, Jr., for appellee.

Before DREW, C.J., STERN, STEARNE, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE BELL, April 14, 1952:

The court below sustained defendant's preliminary objections to plaintiff's complaint in mandamus and dismissed the complaint. From this order plaintiff has appealed.

Where those present and validly voting are sufficient to constitute a quorum, does the vote of a majority of those ballots which have been validly cast, legally bind the Council?

The Borough Council...

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