State v. City of Orange

*100The opinion of the court was delivered by

Dixon, J.

The relator applies for a mandamus directing the city of Orange to pay him the salary attached to the office of city physician, for a time subsequent to October 17th, 1892, on which day the common council of the city passed a resolution declaring vacant that office previously held by him. He admits that he was appointed by the council under the eighth section of the city charter (Pamph. L. 1869, p. 182), which enacts that officers appointed thereunder shall continue in office until the office shall be declared vacant, but he insists-that by…