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DeFLESCO v. MERCER COUNTY BOARD OF ELECTIONS

43 N.J. Super. 492 (1957)

129 A.2d 38

ELEANOR DeFLESCO AND LEON M. SCHLICHER, PETITIONERS-CROSS-APPELLANTS, v. MERCER COUNTY BOARD OF ELECTIONS, DEFENDANTS-CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1957.

Attorney(s) appearing for the Case

Mr. Walter D. VanRiper argued the cause for petitioners-cross-appellants (Mr. Richard J.S. Barlow, Jr., attorney).

Mr. Nathan N. Schildkraut argued the cause for defendants-cross-respondents (Messrs. Kahn & Schildkraut, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Not too many words are needed to explain the factual subject matter of the present appeal and cross-appeal.

At the general election conducted on November 6, 1956, a candidate for the office of Committeeman of the Township of Ewing, Mercer County, was initially announced to have been chosen by a majority of three votes. A recount of the ballots increased the margin of his majority from three to four votes...

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