DeFEO v. SMITH


17 N.J. 183 (1955)

110 A.2d 553

FRANK S. DeFEO, PLAINTIFF-APPELLANT, v. ALBERT S. SMITH, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 10, 1955.


Attorney(s) appearing for the Case

Mr. Josiah E. DuBois, Jr., argued the cause for the appellant.

Mr. Martin Bloom argued the cause for the respondent.


The opinion of the court was delivered by WACHENFELD, J.

This cause turns upon the counter-motions made by both parties, each seeking a determination in his favor based on the application of legal principles, as the facts involved are not in dispute.

The defendant was elected a chosen freeholder of Atlantic County from the second ward of the City of Brigantine in November 1951 and began serving in such capacity in...

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