Herrmann v. Town of Guttenberg

The opinion of the court was delivered by

Minturn, J.

Under the provisions of its charter (Pamph. L. 1859, p. 199) and the amendments and supplements thereto, the town of Guttenberg was empowered to elect five councilmen-at-large for terms of two years, divided into classes, one class consisting of three councilmen, and the other of two. One of these classes was alternately elected for two years.

• In 1875 (Pamph. L. 1875, p. 613) an act was passed which enabled the board of councilmen in case of a vacancy, by resolution to appoint a person to fill the unexpired term thereof. In 1907 an act was…