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KILMURRAY v. GILFERT

22 N.J. Super. 280 (1952)

91 A.2d 859

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

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1952.

Attorney(s) appearing for the Case

Mr. Morris Chesler argued the cause for appellants (Mr. Joseph S.E. Verga, of counsel).

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

Mr. Charles M. Egan argued the cause for respondent William L. Johnston (Mr. Robert H. Doherty, attorney).

Mr. Joseph F.S. Fitzpatrick argued the cause for respondent Hudson County Democratic County Committee (Mr. John B. Graf, attorney).

Mr. Frank V. Introcaso appeared for respondent William MacPhail.

Before Judges McGEEHAN, BIGELOW and SMALLEY.

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

At the primary election held in Hudson County on April 15, 1952, James F. Murray was duly nominated as the candidate of the Democratic Party for the office of register of deeds and mortgages. James F. Murray died on September 29, 1952. On the following day, September 30, 1952, the Hudson County Democratic County Committee selected William L. Johnston as the candidate of the Democratic Party for such office...

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