State, Myers v. Clark

The opinion of the court was delivered by

Van Syckel, J.

The relator, Myers, sues for a mandamm *487to compel the township committee of the township of Raritan, in the county of Hunterdon, to accept his bond as overseer of the poor of said township, and to recognize him as such duly elected officer.

The facts upon which iris title to the office rests are these : At the annual town meeting in the spring of 1879, over six hundred ballots were cast, of which Myers received less than fifty votes. On all the ballots on which Myers’ name appears, he was voted for as “ second overseer of the poor.” On each…