OPINION BY MR. CHIEF JUSTICE JONES, May 23, 1960:
The action here involved was originally instituted in assumpsit but was later amended so as to be an action in mandamus. The plaintiff sought thereby to compel the Commissioners of Upper Darby Township to declare (1) that the late appointment of a candidate (certified by the Civil Service Commission) to the position of sergeant of police to fill a vacancy in that office was invalid, (2) that the vacancy was still open...
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