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STATE v. SCHORR

131 A.2d 158 (1957)

The STATE of Delaware, upon the Relation of Joseph Donald CRAVEN, Attorney General, Appellant, v. Sigmund SCHORR, Fred Heinhold, Carl J. Scott, Leslie Ford, Woodrow Wilson Stanley, William McClafferty, Martin Devine, Joseph Grabowski, Oscar Sewell, William Savery, George Sylvester, purporting to constitute the Department of Elections for New Castle County, Appellees. The STATE of Delaware, upon the Relation of Joseph Donald CRAVEN, Attorney General, Appellant, v. John M. CONWAY, Brinton T. Holloway, I. Leroy Smith, Burton S. Heal and J. Edward Truitt, purporting to constitute the Delaware Beverage Control Commission, Appellees. The STATE of Delaware, upon the Relation of Joseph Donald CRAVEN, Attorney General, Appellant, v. Benjamin F. SHAW, II, J. Gordon Smith, Francis Gebhart, Thurman Adams, Carey Sapp, purporting to constitute the State Highway Department of the State of Delaware, and Robert D. Thompson, Edward Kelly, Thurman Adams, Samuel J. Fox and Benjamin Ableman, purporting to be members of the State Highway Department of the State of Delaware, as Allegedly Created by Senate Bill No. 524, Appellees.

Supreme Court of Delaware.

April 11, 1957.

Attorney(s) appearing for the Case

Edmund N. Carpenter, II, Januar D. Bove, Jr., Clarence W. Taylor, Wilmington, for appellants.

S. Samuel Arsht, George Gray Thouron, Ernest S. Wilson, Jr., Wilmington, and James M. Tunnell, Jr., Georgetown, for appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

These are three actions of quo warranto to try the title to office of certain members of three State Departments or Commissions — the State Highway Department, the Department of Elections for New Castle County, and the Delaware Liquor Commission.

The attack in all three cases is based upon the contention that the three statutes creating such offices are (in whole or in part...

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