BINETTI v. SWENSON


3 N.J. Super. 227 (1949)

66 A.2d 42

LUKE F. BINETTI, PLAINTIFF-APPELLANT, v. CHARLES SWENSON, CLERK OF THE TOWN OF WEST NEW YORK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1949.


Attorney(s) appearing for the Case

Mr. Dominick F. Pachella argued the cause for the plaintiff-appellant.

Mr. Samuel L. Hirschberg (Mr. Anthony J. Armore, of counsel) argued the cause for the defendant-respondent.

Before Judges JACOBS, EASTWOOD and BIGELOW.


The opinion of the court was delivered by EASTWOOD, J.A.D.

Defendant refused to call a special election for the adoption or rejection of the municipal-manager form of government law, as provided by R.S. 40:79-1 et seq., on the ground that the Legislature had not adopted any enabling legislation to provide for absentee voting for those in the military service and, such an election, if held, would be illegal and void and violative of article 2, paragraph...

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