Cavalcante v. O'Hara

Per Curiam,

This matter comes before us upon an application for a writ of mandamus to the Secretary of the Commonwealth, to which a return was made.

The facts are not in dispute. Petitioner, a member of the Democratic Party, and an elector of Fayette County constituting the fourteenth judicial district, avers that because of the death of Hon. Harry A. Cottom on July 6, 1939, a vacancy in the office of judge in that county occurred, which, under the Constitution, should be filled at the municipal election to be held Tuesday, November 7, 1939; that he duly presented his nomination petition as a…