State Ex Rel. Rhinesmith v. Goodfellow

The opinion of the court was delivered by

Brogan, Chief Justice.

This is an appeal from a judgment in favor of the defendant-respondent in a quo warranto action instituted under section 4 of an act entitled “An act concerning quo warranto” (3 Comp. Stat., p. 4212), wherein the relator alleges that the defendant below usurped, intruded into and unlawfully holds a municipal office (clerk of the borough of Wanaque) to which the relator was entitled.

The defendant, Charles U. Goodfellow, filed a plea to this information, saying that the relator had no right or title to the office in question; that…