Kenney v. McDonough

This is a petition for a writ of mandamus, by which the petitioner seeks to establish his right to the office of city auditor of the city of Woburn, the duties of *690which are now performed by the respondent, and to require the surrender of the office to the petitioner. The case was heard by a judge of the Superior Court upon the pleadings and a statement of agreed facts. The judge found the facts to be as agreed, and reported the case, without decision, for determination by this court.

From the agreed facts, the following appears: In 1939 Hugh F. Gilgun, Jr., was reelected auditor for a term of…