Von Nieda v. Bennett

The opinion of the court was delivered by

Perskie, J.

The determinative question presented in all these cases, which were consolidated into one cause, is whether a de fació body can create a de jure officer.

The facts which give rise to this question are not in serious dispute and are substantially as follows: Camden, a second class city, operating under commission form of government, held its quadrennial election of five commissioners on May 14th, 1935. The returns of the election received that night and early the next morning indicated the election of von Nieda and Bennett, of one faction, and…