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IN RE APPLICATION OF WELLHOFER

10 N.J. 321 (1952)

91 A.2d 338

IN THE MATTER OF THE APPLICATION OF MRS. WILLIAM G. WELLHOFER AND OTHER FREEHOLDERS FOR A SUMMARY INVESTIGATION INTO THE MUNICIPAL EXPENDITURES OF THE CITY OF ATLANTIC CITY.

The Supreme Court of New Jersey.

Decided September 30, 1952.

Attorney(s) appearing for the Case

Mr. David M. Perskie argued the cause for the petitioners-appellants (Messrs. Perskie and Perskie, attorneys).

Mr. Murray Fredericks argued the cause for the respondent City of Atlantic City.

PER CURIAM.

The judgment is affirmed.

It is said in the opinion of the Appellate Division that the proceeding under R.S. 40:6-1, et seq. "is in no sense against any one, and no conclusion therein is to be reached by the judge or the court." The case of Hoboken v. O'Neill, 74 N.J.L. 57 (Sup. Ct. 1906) is cited for the proposition that no "conclusion" by the appointing judicial officer is permissible. There, the old Supreme...

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