Magner v. Yore

The opinion of the court was delivered by

Swayze, J.

We are satisfied that there has been no laches on the part of the relator, and the motion of the defendant to dismiss the proceedings must be denied, with costs.

We think the motion to strike out the plea ought not to prevail. Although there may he some doubt whether it is properly framed, we incline to the opinion that it may be looked at as a plea that the office was vacant at the time of Yore’s appointment, but we need not enlarge upon the subject since we think the plea is had in substance.

The plaintiff was chief of police of Bayonne,…