HELLER v. TICKNOR


86 N.J. Super. 501 (1965)

207 A.2d 336

JACK HELLER, O'BRIEN BOLDT AND DAVID OXMAN, PLAINTIFFS-APPELLANTS, v. WILLIAM D. TICKNOR, JR. AND THE COMMON COUNCIL OF THE CITY OF ENGLEWOOD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 1965.


Attorney(s) appearing for the Case

Mrs. Sylvia B. Pressler argued the cause for appellants.

Mr. William V. Breslin argued the cause for respondents.

Before Judges GOLDMANN, SULLIVAN and LABRECQUE.


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

This appeal involves the issue whether the acting mayor of the City of Englewood, who assumed the duties of that office upon the resignation of the mayor, may continue to hold the office of councilman at large and exercise the powers and duties of councilman at large.

The facts are not in dispute and are as follows. The City of Englewood was incorporated by chapter 40 of the Laws of 1899...

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