New Jersey Law Reports Volume 56

New Jersey Law Reports Volume 56

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...were two members of the preceding year entitled to hold over. Held, that neither of the two could claim the right to fill the single vacancy. 2. The juncture was not provided for; it was a casua omissua. Argued at November Term, 1893, before BEASLEY, CHIEF J USTIOE, and Justices MAGIE, Gnnnrson and LIPPINOOTT. For the relator, J. Frank Fort. For the defendant, Edward L. Price. The opinion of the court was delivered by BEASLEY, CHIEF JUSTICE. The question inherent in this information is, whether Hugh Conlan, the defendant, is one of the committeemen of South Orange township. The facts may be thus briefly stated, viz.: For the year 1892 the defendant, Conlan, and one Aschenbach were two of the township committee, that body being composed of five members. In the election of 1893 Conlan was a candidate, and the election, as to him, resulted in a tie, four of the other-candidates being duly chosen. The forty-fifth section of the act of 1860 (Rea, p. 1201) provides for the contingency of a. Kilbum v. Conlan. 56 N. J. L tie vote in one of these elections by the regulation that, in such event, the town committee, "at their next meeting, shall' elect between those having an equal number of votes." Under color of this act, when the four township committeemen, newly elected as just stated, convened, Conlan, the defendant, presented himself and claimed the right, as a member holding over as a township committeeman of the previous year, to participate in their proceedings; and accordingly, when the question arose which candidate of the two having an equal number of votes should be chosen, he cast a ballot for himself, and, with the assistance of two of the new committeemen, . thus voted himself into office. It is the office more

Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236904214
  • 9781236904218