Legal Opinion

State v. McDaniel

Supreme Court of Delaware

Decided January 20, 1960No. 51, 1959PublishedCited by 10 opinions

1Opinion of the Court

Bramhall, J.:

The questions certified to this Court by the Superior Court concern the validity of certain proceedings of the City Council of New Castle. They are as follows:

1. Did the election of McDaniel and Tobin to the offices of Mayor and President of City Council, respectively, violate Section 8 of the Charter of New Castle?

2. Does Deemer’s conviction of manslaughter render him ineligible under Article 2, Section 21 of the Delaware Constitution to hold office as a member of the City Council of New Castle?

3. May the vacancy in City Council caused by Tobin’s resignation be filled in the…

2Cases cited5 opinions

  1. Wood v. Town of WhitehallNew York Supreme Court · 1923
  2. State Ex Rel. Hawthorne v. WiseheartSupreme Court of Florida · 1946
  3. Meglemery v. WeissingerCourt of Appeals of Kentucky · 1910
  4. Parrish v. Town of AdelSupreme Court of Georgia · 1915
  5. People ex rel. Shirey v. PearsonNew York Supreme Court · 1923

3Cited by10 opinions

  1. People Ex Rel. Scott v. GrivettiIllinois Supreme Court · 1972
  2. Handy v. Uniroyal, Inc.District Court, D. Delaware · 1971
  3. Richmond Ex Rel. Richmond v. KnowlesSuperior Court of Delaware · 1970
  4. Terry v. KeatonSupreme Court of Alabama · 1877
  5. Commonwealth Ex Rel. Cowan v. WilkinsonKentucky Supreme Court · 1992

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