State ex rel. Weinberger v. Hilfman

Porter, C. C. J.

This action is one brought by the relator, Joseph J. Weinberger, against the respondent, Samuel Hilfman, to determine the title to the office of city counsel to the city of Passaic. It is brought under the provisions of section 4 of the Quo Warranto Statute, 3 Comp. Stat., p. 4212.

Questions of fact were raised by the pleadings and the case came before this court for the trial of the issues thus *33raised. At the trial the respondent withdrew his plea that the relator had abandoned the position of city counsel by refusing to perform the duties of the office. It was thereupon…