Martin v. Trivitts

Herrmann, J.:

This is an action for a declaratory judgment.

On February 1, 1952, the plaintiff was elected Secretary of the Department of Elections of Sussex County. On March 12, 1953, the plaintiff was discharged by the Department and the defendant Lank was elected Secretary in his place. By this action, the plaintiff seeks the declaration of this Court that the election of Lank was invalid, that the plaintiff should be reinstated as Secretary and that the plaintiff is entitled to recover from Lank all compensation received by Lank as Secretary.

The defendants move to dismiss the complaint on…