Monahan v. Matthews

The opinion of the court was delivered by

Kalisch, J.

The prosecutor, by this proceeding, attacks the legal propriety of the action of a justice of the Supreme *124Court in granting a recount, by virtue of the'provisions of section 159 of the Election laws, to the defendant, who was a candidate for election under the act, known as the “Walsh act.”

•The contention of the prosecutor is that the aforementioned section is not applicable to a candidate for election under the Walsh act, and that, therefore, the order for a recount should be set aside.

In 1917, the city of Newark adopted a commission form…