McKAY, J., February 5, 1954.
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...
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