Nolan v. Representative Council of Newport

This is a petition for mandamus to compel the representative council of the city of Newport to call a special election to fill a vacancy in the office of mayor caused by the death of the incumbent on January 2, 1948.

The petition alleges that the representative council adopted a resolution on January 6, 1948 acknowledging the existence of a vacancy in the office of mayor and declaring that the charter of the city provided that the chairman of the board of aldermen in such a situation should perform the duties of mayor and that as the chairman was willing to act as mayor no special election…