Commonwealth Ex Rel. Adams v. Holleran

Opinion by

Mr. Justice Drew,

This case raises a question which as yet has not been answered in this Commonwealth. It is: Was a vacancy created in the board- of township commissioners of a first-class township by the induction of a duly elected commissioner into the military service of the United States as a seaman? The learned court below answered in the negative. . ,

The facts which gave rise to the question are these: Arthur Lubic, plaintiff, was duly elected a commissioner of the Seventh District of Stowe' Township, Allegheny County, Pennsylvania, at a regular election held November 2, 1943.…