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IN RE FARLEY

78 N.J. Super. 349 (1963)

188 A.2d 607

IN THE MATTER OF THE APPLICATION OF FRANCIS R. FARLEY FOR A RE-CHECK AND RE-COUNT OF THE ABSENTEE BALLOTS AND VOTING MACHINES OF THE 9 ELECTION DISTRICTS OF THE BOROUGH OF NEW PROVIDENCE, COUNTY OF UNION, STATE OF NEW JERSEY.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Mr. Richard J. Traynor argued the cause for appellant Francis R. Farley.

Mr. Jeremiah O'Dwyer argued the cause for respondent John C. Clay (Messrs. Dughi & Johnstone, attorneys).

Mr. Fred A. Lorentz appeared for the Borough of New Providence (Messrs. Lorentz & Stamler, attorneys).

Before Judges CONFORD, GAULKIN and KILKENNY.

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

At the end of a recount under N.J.S.A. 19:28-1 and a review under N.J.S.A. 19:29-1, a judge of the Superior Court declared that in the general election held November 6, 1962 Francis R. Farley and John C. Clay had received the same number of votes for mayor of the Borough of New Providence. Farley appeals.

Whether the judgment below is correct depends upon whether the judge properly rejected...

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