MacFall v. Mayor of Dover

The opinion of the court was delivered by

Pitney, J.

This writ of certiorari brings before us a resolution adopted by the common council .of the town of Dover on May 11th, 1903, declaring the offices of town clerk, town treasurer, collector of taxes and assessor to be vacant by reason of expiration of their terms. The prosecutor, who prior to that date had been acting as collector, asserts that by force of one or both of two statutes (Pamph. L. 1896, p. 55; Pamph. Ij. 1900, p. 480) he was entitled to a tenure of office that had not expired at the date of the resolution. The depositions taken by…