State v. Mayor of Atlantic City

The opinion of the court was delivered by

Garrison, J.

This cause is before us upon a rale for a mandamus. The facts are,'briefly, these: The relator was elected sergeant of police in Atlantic City at a meeting of city ■council held November 24th, 1885. He took the prescribed ■oath of office and entered upon his official duties. At a meeting of city council held November 23d, 1886, the office thus held by the relator was, upon motion, declared vacant, and au -election held to fill the same, which resulted in the selection •of one Samuel Loder, who was thereupon declared elected *333“Sergeant of…