OPINION BY MR. JUSTICE EAGEN, March 13, 1961:
This case involves the legal right of the appellant, Arthur A. Chace, to hold, by appointment, the office of councilman of the Borough of Brookhaven, in the County of Delaware. In an action of quo warranto, the lower court held his appointment to the office illegal and of no effect. Chace appealed.
The issue was tried before the court without a jury. The facts are few and not in dispute.
At a meeting of...
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