In re the Application for a Recheck of Irregular Ballots Cast for the Offices of Mayor

Clapp, J. A. D.

This matter comes before me on a motion by plaintiffs to vacate a judgment entered by a judge of the Middlesex County Court in a proceeding to contest an election, brought under chapter 29 of Title 19 of the Revised Statutes. The judgment declares certain persons to have 'been elected at the primary election as nominees of the Democratic party to the offices of mayor and councilmen of South River.

The Middlesex County judge heard the matter and entered the judgment, proceeding purportedly pursuant to an order of the Chief Justice dated October 30, 1952. By that order the Chief…