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BURKE v. KENNY

9 N.J. Super. 160 (1950)

75 A.2d 633

FRANCIS X. BURKE, PLAINTIFF-APPELLANT. v. JOHN F. KENNY, DONALD SPENCE, LOUIS MESSANO, CHARLES WITKOWSKI, JAMES F. MURRAY, INDIVIDUALLY AND AS THE BOARD OF COMMISSIONERS OF THE CITY OF JERSEY CITY, JAMES A. TUMULTY AND CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 20, 1950.

Attorney(s) appearing for the Case

Mr. Maurice C. Brigadier argued the cause for the appellant (Mr. Joseph M. Thuring, attorney).

Mr. Mortimer Neuman argued the cause for the respondents (Mr. John B. Graf, attorney).

Before Judges JACOBS, BIGELOW and JAYNE.

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

The subject matter of this litigation can be concisely stated. Pursuant to a resolution adopted by the Board of Commissioners of the City of Jersey City on June 17, 1947, the plaintiff was appointed to the office of City Clerk and he thereafter performed the duties of that office. On May 10, 1949, a municipal election was conducted in the City of Jersey City at which the former incumbents of the Board of Commissioners...

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