IN RE CONTEST OF SMOCK


5 N.J. Super. 495 (1949)

68 A.2d 508

IN THE MATTER OF THE CONTEST OF THE ALLEGED ELECTION OF GEORGE A. SMOCK, II, VINCENT P. KEUPER, THOMAS F. SHEBELL, JOSEPH R. ELY AND ROLAND J. HINES, TO THE OFFICE OF COUNCILMEN IN THE CITY OF ASBURY PARK, A MUNICIPAL CORPORATION IN THE COUNTY OF MONMOUTH.

Superior Court of New Jersey, Law Division.

Opinion Dated July 18, 1949.


Attorney(s) appearing for the Case

Mr. Ward Kremer, attorney for the plaintiffs.

Mr. Charles Frankel, attorney for the defendants George A. Smock, II, Joseph R. Ely and Thomas F. Shebell.

Mr. Joseph F. Mattice, attorney for the defendants Vincent P. Keuper and Roland J. Hines.


SCHETTINO, J.S.C.

Plaintiffs, alleging that they are legal and qualified voters of the City of Asbury Park, filed a complaint challenging the result of the election of councilmen held in that municipality on May 10, 1949.

Defendants (incumbents) move to dismiss the complaint on the grounds, as orally supplemented, that:

(1) the complaint was not filed within time;

(2) summons was not issued or served; and

(3) the complaint fails to...

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