State, Ex Rel. Scarl v. Small

This is an action in quo warranto. Robert Small, the respondent, was elected to the office of councilman at large of the village of Windham at the general election held on November 5, 1955. On January 1, 1956, he entered upon the duties of such office. At that time he was employed as a teacher in the public school system of Warren.

On February 2, 1956, the mayor of the village of Windham declared the respondent, Small, to be ineligible to act as coun oilman for the reason of his employment as a teacher in Warren and declared the position in council vacant.

On February 3, 1956, the, mayor…