Witkowski v. Burke

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The complaint herein was filed April 8, 1949, as a proceeding under Rule 3:81, superseding prerogative writs, and by motion made under Rule 3:81-4 the plaintiff applies for summary judgment.

While the complaint does not demand the performance of a ministerial act or duty (and there may be doubt of the applicability of Rule 3:81-4) defendant, allegedly because of the public importance of the controversy and defendant's representation in the briefs submitted on his…