Mack v. Polonko

The opinion of the court was delivered by

Parker, J.

Both parties claim the office of president of the council of the borough of Manville, Somerset county. The suit is by a claimant in his own right, as contemplated by section 4 of the Quo Warranto act. Comp. Stat. (at p. 4212).

Section 24 of the Borough act of 1897 (Pamph. L., p. 295; Comp. Stat., p. 237) provides, in substance, that the council shall elect their president at the annual meeting, and in case they fail to do so, the mayor shall appoint a member of the council as president, and that no confirmation by the council is necessary.

Por…