DeFeo v. Smith

31 N.J. Super. 474 (1954)

107 A.2d 68

FRANK S. DeFEO, PLAINTIFF,

v.

ALBERT S. SMITH, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided July 6, 1954.

Mr. Josiah E. DuBois, Jr., attorney for the plaintiff, for the motion.

Mr. Martin Bloom, attorney for the defendant, opposed.

WOODS, J.S.C.

Both parties litigant are in accord as to the facts in this matter and the decision on the motion will be dispositive of the case. The plaintiff is a resident, citizen and taxpayer of Atlantic County and he brings this action in lieu of prerogative writ alleging that the defendant presently holds two…