Gregory v. Johnson

McKay, J.,

— This case is a case stated in the nature of a petition for a writ of mandamus to compel the Burgess of the Borough of Mercer to administer the oath of office to plaintiff as a member of council of the borough. Defendant refused to administer the oath on the ground that plaintiff, being a justice of the peace in the borough, was not eligible to be a member of the borough council.

Plaintiff was elected both justice of the peace and member of the council at the municipal election held November 3, 1953, and has qualified for both offices. The question presented is, whether the offices…