Commonwealth v. Elliott

Rowley, P. J.,

This is a quo warranto proceeding to test the sheriff’s right to retain his residence in the county jail.

To the matters set out in plaintiff’s application for the writ, the sheriff filed an answer. Plaintiff demurred to *666defendant’s answer, thereby admitting all matters of fact properly averred in the answer.

From the pleadings we make the following

Findings of fact

1. Alex Elliott, defendant, was elected to the office of Sheriff of Mercer County on November 7, 1939, for a term of four years. On January 1, 1940, he was duly sworn into office, and thereupon assumed the duties of…