Commonwealth Ex Rel. Kelley v. Marinelli

Opinion by

Mr. Justice Linn,

This appeal from judgment of ouster brings up a contest between the appellants, who were appointed to the board of mercantile appraisers on January 5, 1938, for part of a one-year term, and Messrs. Lee and Hart, who, in 1936, were appointed to the same offices for terms to expire December 13, 1939. When Lee and Hart were appointed, the law provided that, in cities of the first class, mercantile appraisers should be appointed by the joint action 1 of the auditor general and of the city treasurer. Lee and Hart entered upon the performance of the duties pursuant to…