State ex rel. Clawson v. Thompson
Supreme Court of New Jersey
Iu the term of July 1845 this court, upon application of the relator, William S. Clawson, granted leave to file an information in the nature of a quo warranto against the defendant, Richard P. Thompson. The information filed sets forth, among other things, that the defendant for two months then last past had unlawfully held and executed, and still continued unlawfully to hold and execute the office and franchises of Prosecuter of the Pleas of the county of Salem.
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Iu the term of July 1845 this court, upon application of the relator, William S. Clawson, granted leave to file an information in the nature of a quo warranto against the defendant, Richard P. Thompson. The information filed sets forth, among other things, that the defendant for two months then last past had unlawfully held and executed, and still continued unlawfully to hold and execute the office and franchises of Prosecuter of the Pleas of the county of Salem. To this the defendant pleaded, that he was duly appointed to that office in January, 1844; and by virtue of that appointment, he…
1Opinion of the Court
The opinion of the court was delivered by
Nevtus, J.
This case presents two questions for consideration. 1st. Are these offices incompatible with each other, or can they subsist in one and the same person at the same time. 2dly. If incompatible, is the acceptance of the office of Attorney General a surrender of that of Prosecutor ? As to the first question : there is no express provision, either in the late or present constitution of this state, nor any legislative enactment declaring these offices incompatible; yet it does not follow, for that reason, that they are not so. There are many…
2Cited by17 opinions
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- Cetrulo v. ByrneSupreme Court of New Jersey · 1960
- Swede v. City of CliftonNew Jersey Superior Court Appellate Division · 1956
- Kaufman v. PannuccioNew Jersey Superior Court Appellate Division · 1972
- O'CONNOR v. CalandrilloNew Jersey Superior Court Appellate Division · 1971
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