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State v. Emerson

40 Del. 496 Court January Term, 1940. Decision date 1940-06-18 Docket No. 3 English

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Majority

p. 496
The State of Delaware, upon the relation of James R. Morford, Attorney-General, Plaintiff in Error, Relator Below, v. Ralph W. Emerson, Donald P. Ross and Charles D. Abbott, Defendants in Error, Respondents Below.
(June 18, 1940.)
Harrington, Chancellor, Layton, C. J., Richards and Terry, J. J., sitting.
S. Samuel Arsht for Relator.
P. Warren Green for Respondents.
Supreme, Court,
No. 3,
January Term, 1940.

: Our conclusion is that Ralph W. Emerson, Donald P. Ross and Charles D. Abbott have the clear legal right to hold and exercise the offices of members of the State Highway Department, pursuant to the provisions of Chapter 173, Volume 42, Latos of Delaware. The same conclusion was reached by the Court Below, and all of the issues involved in the case were so thoroughly considered in the opinion filed by that Court that it seems unnecessary to add anything to what has already been said.

The judgment of the Court Below is, therefore, affirmed.