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CASEY v. WILLEY

Eq. No. 2765.

151 A.2d 369 (1959)

Calvert E. CASEY v. Grafton H. WILLEY, III.

Supreme Court of Rhode Island.

May 14, 1959.

Attorney(s) appearing for the Case

Raymond E. Jordan, William A. Curran, for petitioner.

Jacob S. Temkin, Samuel A. Olevson, for respondent.

J. Joseph Nugent, Attorney General, as amicus curiae.

POWERS, J.

This is a petition in equity in the nature of quo warranto to determine the respondent's claim of title to the office of clerk of the superior court for the counties of Providence and Bristol. The petition was brought in this court pursuant to the provisions of general laws 1956, § 10-14-1, and was heard on the following agreed statement of facts:

"1. In January, 1953 Matthew M. McCormick was duly appointed clerk of the superior court for...

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