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ROMANO v. DEMAREST

34 N.J. 119 (1961)

167 A.2d 637

ARTHUR E. ROMANO, ALBERT M. BOGATH AND JOHN A. NATIVO, PLAINTIFFS-APPELLANTS, v. EUGENE E. DEMAREST, HENRY C. SAVINO, ARTHUR C. MAURELLO AND ETHEL M. HOYT, CITY CLERK OF THE CITY OF HACKENSACK, DEFENDANTS-RESPONDENTS. WALTER E. NOWAKOWSKI, PLAINTIFF-APPELLANT, v. EUGENE E. DEMAREST, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Argued January 24, 1961.

Decided January 24, 1961.

Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for the appellants (Messrs. Chandless, Weller & Kramer, attorneys).

Mr. John W. Leyden argued the cause for the respondents.

PER CURIAM.

On October 8, 1959 after a recall election in which all incumbents were recalled and new councilmen elected for the unexpired terms, plaintiff Nowakowski was elected mayor. In May 1960 the councilmen purported to hold an organization meeting pursuant to R.S. 40:81-7, at which defendant Demarest was "elected" mayor by a majority of the council members.

We are satisfied that the recall of the former mayor and councilmen created a vacancy in...

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