Shacklett v. Town of Island

Opinion of the Court by

Judge Carroll

Reversing.

What persons are entitled to act ,as trustees of the town of Island, is the only question involved in this case.

Island is a town of the .sixth class, and under the *799law its affairs are governed by five trustees, who bold tbeir terms of office for two years. At tbe November election in 1909, Hancock, James, Mattingly and Hinant were duly elected trustees of tbe town and entered upon tbe discharge of tbe duties of tbe office in January, 1910. Tbe. record does not disclose why a fifth trustee was not elected, but in January, 1910, and after tbe four…