Legal Opinion

State Ex Rel. Gebelein v. Killen

Supreme Court of Delaware

Decided December 20, 1982PublishedCited by 6 opinions

1Opinion of the CourtQuillen, Justice

(for the majority):

I. Stage of Proceedings

This action was commenced by Attorney General Richard S. Gebelein (“Plaintiff”), on the relation of Frank DiMondi (“Relator”), filing an Information in the Nature of Writ of Quo Warranto in the Superior Court. The Superior Court issued a Rule To Show Cause to Ernest E. Killen (“Defendant”), commanding him to respond to the Information. Defendant timely filed a Response to the Information in the Superior Court. The Superior Court certified to this Court two questions of law, and this Court accepted the certified questions.1

The Attorney General claims…

2Cases cited34 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  3. People v. TiltonCalifornia Supreme Court · 1869
  4. Gilbert v. GladdenSupreme Court of New Jersey · 1981
  5. Collison v. StateSupreme Court of Delaware · 1938

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3Cited by6 opinions

  1. STATE, EX REL. OBERLY v. TroiseSupreme Court of Delaware · 1987
  2. Opinion of the JusticesSupreme Court of Delaware · 1995
  3. Hall v. CoupeCourt of Chancery of Delaware · 2016
  4. Higgin v. Albence, Miles v. Dept. of ElectionsCourt of Chancery of Delaware · 2022
  5. In re Requests of an Opinion of the JusticesSupreme Court of Delaware · 2025

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