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SEMINARA v. SMITH

89 N.J. Super. 349 (1965)

215 A.2d 47

CARMEN SEMINARA, PLAINTIFF-RESPONDENT v. MERCER D. SMITH, TOWNSHIP CLERK OF THE TOWNSHIP OF FRANKLIN, AND HARRY STILWELL, JR., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1965.

Attorney(s) appearing for the Case

Mr. Richard S. Cohen argued the cause for appellant Harry Stilwell, Jr.

Mr. David Linett argued the cause for respondent (Messrs. Gross, Weissberger & Linett, attorneys).

Mr. Joseph A. Hoffman argued the cause for Mr. Arthur J. Sills, Attorney General of New Jersey, amicus curiae.

Before Judges CONFORD, KILKENNY and LEONARD.

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

Defendant Harry Stilwell, Jr., who was certified by defendant municipal clerk as winner of an election to fill a vacancy in the office of councilman at large of Franklin Township, Somerset County, appeals from the decision of the Law Division voiding the certificate of his election and ordering a runoff election for the position. Plaintiff, who had been designated by the council as temporary holder of the...

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