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STATE v. SEITZ

168 A.2d 110 (1961)

STATE of Delaware upon the Relation of John G. TARBURTON, Petitioner, v. Collins J. SEITZ, Chancellor of the State of Delaware and William J. Storey, Associate Judge of the Superior Court of the State of Delaware, Resident in Kent County, constituting the Superior Court of the State of Delaware in and for Kent County and sitting as the Board of Canvass, in and for Kent County, State of Delaware, Respondents, and Fred B. Carey, Sr., Intervening Respondent.

Supreme Court of Delaware.

March 8, 1961.

Attorney(s) appearing for the Case

Samuel R. Russell, Jr., Morford, Young & Conaway, of Wilmington, for petitioner.

Harold Schmittinger, Dover, for intervener.

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

SOUTHERLAND, Chief Justice.

At the general election of November 8, 1960, petitioner Tarburton was the candidate of the Democratic Party for the Office of Levy Court Commissioner from the First Levy Court District of Kent County. Intervener Carey was the Republican candidate for the same office. On November 10 the Board of Canvass convened for the purpose of ascertaining the state of the election. The election certificates...

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