State ex rel. Benson v. Weiler

This is a contest under section 4 of the Quo Warranto act, and involves the alleged office of clerk to the board of assessors of the town of Kearny. The principal answer made is that the clerkship of the board of assessors is not an office nor even a position, because it was never created in the legal manner, but is merely an employment.

The facts are that on August 31st, 1921, the relator was appointed by resolution as clerk to the board of assessors, and his salary was fixed at $1,500; that he took an oath of office and attended to the duties imposed upon him; and that during a six months’…