The opinion of the court was delivered by VANDERBILT, C.J.
The plaintiff, as a taxpayer and resident of the Fourth Ward of the Borough of Roselle, brought a proceeding in lieu of prerogative writ (1) to oust the defendant Evans from the office of councilman from the Fourth Ward and to declare his office vacant; (2) to compel the defendant Levers as borough clerk to give appropriate notice of the vacancy in the office; and (3) for a declaratory judgment to determine...
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