Zeloyle v. Bettor

Opinion by

Mr. Justice Jones,

This is a quo warranto proceeding to determine the right to the office of chief of police of-the City of New Kensington as between the plaintiff and tbe defendant. On motion for judgment on the pleadings, the court below, sitting en banc, entered a judgment declaring Bettor, the defendant, to be unlawfully occupying the office and that Zeloyle, the plaintiff, is the “lawful, duly appointed and qualified chief of police of said City.” The defendant appealed.

The material facts are not in dispute. On April 18, 1950, the council of New Kensington (a third class city),…