State ex rel. Kinnard v. Geiler

The opinion of the court was delivered by

Case, J.

The matter is before us on rule to show cause why an information in the nature of a writ of quo warranto should not issue. The individual defendants are called upon to establish the authority by which they claim office as police officers or marshals in the police department of the borough of Seaside Heights. The action against the borough is aimed at the collection by relator of compensation for the period of his allegedly unlawful ouster from service in the department.

It appears, without dispute, that the mayor and council of the borough of…