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KILMURRAY v. GILFERT

10 N.J. 435 (1952)

91 A.2d 865

CHARLES P. KILMURRAY AND JOHN J. KIJEWSKI, PLAINTIFFS-APPELLANTS, v. WILLIAM H. GILFERT, COUNTY CLERK OF HUDSON COUNTY, WILLIAM MAC PHAIL, SUPERINTENDENT OF ELECTIONS OF HUDSON COUNTY AND WILLIAM L. JOHNSTON AND HUDSON COUNTY DEMOCRATIC COUNTY COMMITTEE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 20, 1952.

Opinion Filed October 23, 1952.

Attorney(s) appearing for the Case

Mr. Morris Chesler argued the cause for the appellants.

Mr. Frederick J. Gassert, County Attorney, argued the cause for the respondent William H. Gilfert (Mr. Daniel T. O'Regan, County Counsel).

Mr. John B. Graf argued the cause for the respondents Hudson County Democratic Committee and William L. Johnston (Mr. Robert H. Doherty and Mr. Charles M. Egan, attorneys for William L. Johnston).

The opinion of the court was delivered by VANDERBILT, C.J.

James F. Murray, Sr. was nominated as the candidate of the Democratic Party in Hudson County for the office of register of deeds and mortgages at the primary election on April 15, 1952. He died on Monday, September 29, 1952. The next day the Hudson County Democratic Committee selected William L. Johnston as the candidate of the Democratic Party to fill the vacancy and filed a statement of its selection with...

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