McCabe v. Kane

This complaint for declaratory and injunctive relief was heard by a justice of the superior court on the pleadings and on an agreed statement of facts. The case is before this court on the plaintiff’s appeal from a judgment entered by the trial justice adjudging the defendant to 'be the duly-qualified clerk of the supreme court of this state and presently entitled to that office.

The question squarely presented for our determination is whether defendant, a state senator who has been appointed clerk of the supreme court ¡by the governor, confirmed by the senate, taken the oath of office and…