Cole v. Corio

The opinion of the court was delivered by

Parker, J.

The claim of the relator is that respondent unlawfully exercises the office of a judge of the Court of Common Pleas in and for the county of Atlantic, to which he was appointed by the governor pursuant to chapter 19 of the laws of 1929, which provides in substance that in counties bordering on the Atlantic ocean and having a population of from fifty thousand to one hundred thousand, the governor is authorized and empowered to appoint by and with the advice and consent of the senate an additional judge of the Court of Common Pleas.

The attack…