Walker v. Hughes

Layton, Chief Justice:

• The plaintiff sued in assumpsit to recover from the defendant the amount of salary incident to the office of County Comptroller for Kent County which had beén paid to and accepted by the defendant during the time of his alleged wrongful possession of the office.

The special count of the declaration alleged that between January 7, 1941, and April 1, 1943, the Levy Court of Kent County, believing that the defendant Lad been duly elected to the office of County Comptroller for Kent County at the general election held on November 5, 1940, for the term of four years…