Kilmurray v. Gilfert

The opinion of the court was delivered by

Vanderbilt, O. J.-

James F. Murray, Sr. was nominated as the candidate of the Democratic Party in Hudson County for the office of register of deeds and mortgages at the primary election on April 15, 1952. He died on Monday, September 29, 1952. The next day the Hudson County Democratic Committee selected William L. Johnston as the candidate of the Democratic Party to fill the vacancy and filed a statement of its selection with the county clerk.

On October 1, 1952, the plaintiff Kilmurray, the Republican nominee for the office, and the plaintiff Kijewski,…