Darmstatter v. City Council of Passaic

The opinion of the court was delivered by

Minturn, J.

The writ of certiorari in this case removes for review a resolution of the city council of Passaic city declaring vacant the seat held by the prosecutor in that body. The legality of this action is challenged upon the ground that the prosecutor had neither notice of a trial or a hearing before the city council, as required by the nineteenth section of the city charter which empowers the city council to “punish or expel a member for disorderly conduct or a violation of its rules, but no expulsion shall take place except by a vote of…