Commonwealth v. Sullivan

Farrell, J.,

This case was heard by the undersigned judge without a jury by agreement of counsel, duly filed, under the Act of 1874.

There is no essential fact in dispute.

Duryea Borough’s full council consists of 10 members, two from each of five wards. One of the 10, Frank Keller, died August 21,1938. Notices were duly mailed that *295a regular meeting of council would be held September 6th. At this meeting only five members appeared, held a meeting, and all five voted for Joseph Sullivan, defendant, to fill the vacancy caused by Keller’s death.

The quo warranto attacks defendant’s right to the…