Hayter v. Benner

The opinion of the court was delivered by

Gummere, Chief Justice.

This is a contest over the office of councilman of the borough of Bradley Beach, the relator claiming title by reason of his having received a majority of the votes east at a borough election held to fill the office, and the respondent claiming under an appointment made by the mayor of the borough, prior to the election, to fill a vacancy which then existed in the office. The respondent’s appoint*360ment was made in pursuance of authority conferred by section 4 of the Borough act of 1897 (Pamph. L., p. 286), which provides that a…