In re the Alleged Election of Hess

Smith, Joseph L., C. C. J.

(Orally.) This comes on a motion of the respondent or as referred to in the statute R. S. 19 :29-l; N. J. S. A. 19 :29-l, the incumbent, to dismiss the petition filed by Anthony P. Kearns, contesting the election of Preas L. Hess to the General Assembly of New Jersey, from Somerset County, the said petition further praying that the petitioner, Anthonj^ P. Kearns, be declared by this court to be the candidate lawfully entitled to the seat in the Assembly.

Three questions arise under the petition and the motions addressed thereto:(a) Whether or not this court has…