McCarthy v. Walter

The opinion of the court was delivered by

Campbell, J.

These are appeals from judgments of ouster in two proceedings in quo warranto, instituted and prosecuted under section 4 of the Quo Warranto act. Pamph. L. 1903, p. 377; 3 Comp. Stat., p. 4212.

The grounds of appeal may be grouped under five heads or points; the first, second and third applying to both judgments, and the fourth and fifth to that which is known as the Boulevard case, only.

These grounds will be taken up in order.

I. The judgments under review cannot be sustained because the proceedings upon which they are based are under…