Legal Opinion

State ex rel. Helfer v. Simon

Supreme Court of New Jersey

Decided June 15, 1891PublishedCited by 4 opinions

On rule to show cause why a writ of quo warranto• should! not, issue to show by what warrant or authority the respondent claims to use the office, &c., of city physician of the city of Hoboken.

1Opinion of the Court

The opinion of the court was delivered by

Scudder, J-.

On July 23d, 1889, the-mayor of the city of Hoboken appointed the relator city physician for- the ter mi of three years, ending May 1st, 1892!,, under the act of May 3d, 1889. Pamph. L., p. 328. This- law, in terms, authorizes-such appointment to be made, with- the confirmation of the-common council by a majority vote. The communication from the mayor of his nomination of the relator for city physician was received by the common- council at a meeting held July 23d, 1889, and it appears by the minutes that four-councilmen voted to confirm…

2Cases cited2 opinions

  1. Mortland v. State ex rel. ChristianSupreme Court of New Jersey · 1890
  2. Simon v. Mayor of HobokenSupreme Court of New Jersey · 1890

3Cited by4 opinions

  1. Smith v. StateCourt of Criminal Appeals of Texas · 1932
  2. State v. City of OrangeSupreme Court of New Jersey · 1892
  3. In Re Prudential Insurance Co.New Jersey Court of Chancery · 1942
  4. Erion v. Board of Pension CommissionersSupreme Court of New Jersey · 1933

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