In Re Application of Wellhofer

The judgment is affirmed.

It is said in the opinion of the Appellate Division that the proceeding under B. S. 40:6-1, et seq. “is in no sense against any one, and no conclusion therein is to be reached by the judge or the court.” The case of Hoboken v. O’Neill, 74 N. J. L. 57 (Sup. Ct. 1906) is cited for the proposition that no “conclusion” by the appointing judicial officer is permissible. There, the old Supreme Court said that the statute “does not purport to require any conclusion to be reached on the part of the justice or of any court, but merely directs that he - may cause the result…