Commonwealth Ex Rel. Schermer v. Franek

Opinion by

Mr. Justice Kephart,

The Borough of Farrell became the City of Farrell under the Third-Class City Act in October, 1930.

Joseph A. Franek had been elected Justice of the Peace of the Borough in January, 1930, for a term of six years. On November 3, 1931, the newly organized City held its first general municipal election for the purpose of assuming its status as a Third-Class City. Julius Schermer was elected Alderman of the second ward, and received a commission for a term of six years commencing January 6,1932. The second ward was the same one in which Franek was a resident when…