State v. Costello

This writ brings up for review the proceedings of the governing body of the city of Perth Amboy, of January 1st, 1924, appointing Michael Stumpf overseer of the poor. Preceding and on such date prosecutor occupied such position of office, and Stumpf immediately, upon his appointment, on January 1st, 1924, qualified, assumed and entered into said office, and has since continuously performed the duties thereof.

This proceeding is not brought by prosecutor as a taxpayer. but for the purpose of contesting the right of Stumpf to such office, and asserting his own right thereto.

Prosecutor has…