Allison v. Public Road Board
This text of 32 A. 688 (Allison v. Public Road Board) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The opinion of the court was delivered by
The relator prays a mandamus directing the public road board of Englewood township to admit him to membership in the board. His title' rests upon an election held April 4th, 1893, in Road District No. 1 of the township in accordance with an act approved March 1st, 1893. Pamph. L., p. 69.
[141]*141In Allison v. Blake, 28 Vroom, 6, this court decided that the statute above mentioned was unconstitutional, in so far as it attempted to make members of the road board elective by the votes of freeholders only, and for that reason an election held under the act was invalid. It follows from this decision that the election upon which the relator’s claim de-. pends did not give him a legal title to the office, without which, of course, he cannot obtain a writ of mandamus to put him in possession. High Extr. Rem., ch. 1, § 9.
The rule to show cause must be discharged, with costs.
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Cite This Page — Counsel Stack
32 A. 688, 58 N.J.L. 140, 29 Vroom 140, 1895 N.J. Sup. Ct. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allison-v-public-road-board-nj-1895.