Attorney-General ex rel. Smith v. Petty

The opinion of the court was delivered by

Gummere, Citiee Justice.

This information is filed under the revised Quo Warranto act of 1903 (Pamph. L., p. 375), for the purpose of having it judicially determined whether the relator or the respondent is legally entitled to hold the office of mayor of the borough of Washington. It is averred in the information and admitted by the plea that the relator was duly elected to the office at the general election held in November last, and that the respondent, who was then the incumbent of the office, and who was a candidate for re-election, was defeated at…