Meixell v. Hellertown Borough Council

Opinion by

Mr. Justice Bell,

The court below sustained defendant’s preliminary objections to plaintiff’s complaint in mandamus and dismissed the complaint. From this order plaintiff has appealed.

Where those present and validly voting are sufficient to constitute a quorum, does the vote of a majority of those ballots which have been validly cast, legally bind the Council?

The Borough Council of Hellertown, consisting of 9 members, met to elect a Burgess.* A Burgess receives a salary of $400 a year; a Councilman receives $10 for each regular monthly meeting he attends, a maximum of $120 a year.…