Legal Opinion

State ex rel. Hawkins v. Cook

Supreme Court of New Jersey

Decided June 13, 1898PublishedCited by 13 opinions

On quo warranto. An information in the nature of a quo warranto was filed by the attorney-general, on the relation of Samuel T. Hawkins, to test the title of the respondent to the office of marshal of the borough of Wilbur. The facts set out in the information are conceived by the relator to show that he, and not the respondent, is entitled to the office.

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On quo warranto. An information in the nature of a quo warranto was filed by the attorney-general, on the relation of Samuel T. Hawkins, to test the title of the respondent to the office of marshal of the borough of Wilbur. The facts set out in the information are conceived by the relator to show that he, and not the respondent, is entitled to the office. To this information a plea has been filed by the respondent, setting out the facts upon which he bases his claim to hold the office in question. The case comes before the court on a demurrer to the plea.

1Opinion of the Court

The opinion of the court was delivered by

Gummere, J.

The primary object of this procedure is to test the title of the respondent to the office of marshal of the borough of Wilbur.

The respondent claims to hold the office by virtue of proceedings taken pursuant to the revised Borough act of 1897 (Pamph. L., p. 285), under which the borough of Wilbur now operates. The pertinent provisions of that act, so far as they relate to the right of the respondent to hold the office of marshal, are as follows: “ The mayor of the borough shall nominate, and, with the advice and consent of the council, shall…

2Cases cited1 opinion

  1. State ex rel. Davis v. DavisSupreme Court of New Jersey · 1894

3Cited by13 opinions

  1. Haack v. RanieriNew Jersey Superior Court Appellate Division · 1964
  2. Lueck v. TeutonNevada Supreme Court · 2009
  3. Fryer v. NortonSupreme Court of New Jersey · 1902
  4. Prezlak v. PadroneNew Jersey Superior Court Appellate Division · 1961
  5. Russell v. MurphySupreme Court of Oklahoma · 1936

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