Commonwealth Ex Rel. Fortney v. Wozney

Opinion by

Mr. Chief Justice Kephart,

A vacancy existed in a borough council composed of seven members, and the remaining six eouncilmen met on February 1, 1937, to fill the vacancy. The vote was a tie. At the next regular meeting, March 1st, three members of council were present at the proper meeting place with the chief burgess. Without any vote being taken, the latter proceeded to cast his vote for appellant to break the tie resulting from the previous meeting, and appellant was declared elected. However, on March 11th a special meeting of the council was held, attended by five of the…