County of Passaic v. Manly

Wolbee, C. C. J.

The plaintiff moves to strike out the answer and counter-claim of the defendant filed in the above stated cause on the ground that the answer discloses no legal defense, and that the connter-elaim fails to set forth a cause of action. The complaint alleges that the plaintiff is a municipal corporation of the State of New Jersey and that the defendant is the duly elected sheriff of Passaic county, and has been continuously sheriff of said county since November 14th, 1933; that by virtue of his office as such sheriff, it was his statutory duty to make to each purchaser of any…