Gouldey v. City Council of Atlantic City

The opinion of the court was delivered by

Dixon, J.

In pursuance of an ordinance of the council of Atlantic City, forty delegates, from the eight companies comprised in the fire department, met in convention on January 10th, 1899, to choose a chief engineer. Having adopted a rule that a majority of the complete delegation should be necessary to a choice, the convention proceeded to balloting. On the twenty-third ballot the chairman, being informed by' the tellers that Isaac Wiesenthal had received twenty-two votes, declared him elected,1 but immediately afterwards, on discovering that forty-one…