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PORTER v. CITY COUNCIL OF MALDEN

346 Mass. 368 (1963)

191 N.E.2d 694

MARGARET M. PORTER vs. CITY COUNCIL OF MALDEN & others.

Supreme Judicial Court of Massachusetts, Middlesex.

July 5, 1963.

Attorney(s) appearing for the Case

Bernard Kaplan (Cornelius R. Rosdahl, City Solicitor, with him) for the respondents.

Avram G. Hammer (Richard C. Sheppard with him) for the petitioner.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, SPIEGEL, & REARDON, JJ.

REARDON, J.

This is a petition for a writ of mandamus brought against the mayor and the city council of Malden and James J. Murphy. It asks that the mayor and city council be ordered to issue their warrant for an election to the office of councillor from Ward 1. The respondents have appealed from orders overruling their demurrers and from the order for judgment directing the writ to issue in accordance with the prayer of the petitioner. The evidence is reported and...

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