Simon v. Mayor of Hoboken

The opinion of the court was delivered by

Dixon, J.

This certiorari brings up merely the proceedings of the mayor and common council of Hoboken in appointing and confirming Samuel A. Heifer as city physician, under the act of May 3d, 1889 {Pamph. L.,p. 328), and the only *368question raised, is with regard to the legality of his selection for that office. Heifer has not been made a party to the suit, although counsel appeared on his behalf at the argument. The evidence leaves us uncertain whether he had entered upon the office when the writ was issued, but he appears to have done so since. The sole…