Mellor v. Leidman

*82Joslin, J.

This is a petition in equity in the nature of quo warranto brought pursuant to G. L. 1966, §10-14-1. The petitioner seeks the ouster of the respondent from the office of city clerk of the city of Cranston and the confirmation of his own title to that office. After the respondent joined issue 'by the filing of an answer, the parties filed a stipulation containing an agreed statement of facts.

It appears that on January 4, 1966 the city council elected petitioner to the office of city clerk. Upon advice of the city solicitor that it had no authority so to do without having first…