Murphy v. Freeholders of Hudson

The opinion of the court was delivered by

Swayze, J.

The prosecutor seeks to set aside certain resolutions which stand in the way of his asserting his title to the office of counsel of Hudson county. He is still in possession of the office. The case is within the rule of Moore v. Borough, of Bradley Beach, 87 N. J. L. 391; certiorari is a proper remedy unless the defendant’s preliminary objection is valid that by reason of the failure ,of the prosecutor to take and file an official oath the office was vacant when the resolution was *41passed and Ids successor appointed. The prosecutor claims that…