State ex rel. Bennett v. Common Council
Supreme Court of New Jersey
On application for mandamus. The legislature of the State of New Jersey enacted the following law, which was approved February 18th, 189.2: “ 1. Re it enacted by the Senate and General Assembly of the State of New Jersey, That in all cities of the second class in this state in which there now are by law three members of common council, board of aldermen or other governing body in and for each of the wards of such cities, hereafter the common council, board of aldermen or…
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On application for mandamus. The legislature of the State of New Jersey enacted the following law, which was approved February 18th, 189.2: “ 1. Re it enacted by the Senate and General Assembly of the State of New Jersey, That in all cities of the second class in this state in which there now are by law three members of common council, board of aldermen or other governing body in and for each of the wards of such cities, hereafter the common council, board of aldermen or other governing body of all such cities shall consist of two members in and for ■each of the wards of such cities, and each…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The contest in this case is not over the right to the possession of an office, it is over the existence of the office itself. No one claims the office as against the relator. The contention here is that no person could lawfully be elected to said office, and that, therefore, the relator is not entitled to enter. The case is, therefore, not one for quo warranto, but for mandamus. Leeds v. Atlantic City, 23 Vroom 332.
*75The legality of the relator’s election turns upon the constitutionality of the statute above recited. If that act is a piece-of…
2Cases cited3 opinions
- State v. Mayor of Atlantic CitySupreme Court of New Jersey · 1890
- State ex rel. Pierson v. O'ConnorSupreme Court of New Jersey · 1891
- State ex rel. Stahl v. Inhabitants of TrentonSupreme Court of New Jersey · 1892
3Cited by8 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1932
- Murnane v. City of St. LouisSupreme Court of Missouri · 1894
- Van Cleve v. Passaic Valley Sewerage CommissionersSupreme Court of New Jersey · 1904
- Cooper v. SpringerSupreme Court of New Jersey · 1901
- Rutten v. Mayor of PatersonSupreme Court of New Jersey · 1906
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