Commonwealth Ex Rel. Fox v. Chace

Opinion by

Mr. Justice Eagen,

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 the eou-ncil involved, an elected member submitted his resignation which was accepted. Immediately, as disclosed by the official minutes of the meeting, the…