Nicoletti v. VEITCH

Opinion by

Mr. Justice Cohen,

This action in quo warranto was brought by plaintiff, Stephen Nicoletti, to question the right of James Whyno to hold the office of borough councilman. The undisputed facts show that a vacancy occurred on the Bristol Borough Council by virtue of the resignation of one of its members. At the regular monthly meeting of council held on July 9, 1962, Nicoletti and Why-no were nominated to fill the vacancy. A roll call was taken and Nicoletti received a majority of the votes. The result of the vote was accordingly entered in the minutes of the meeting.

Subsequently, the…