Hoffmeir v. Board of Health
This text of 134 A. 610 (Hoffmeir v. Board of Health) 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
This case comes before the court on a rule to show cause granted by Mr. Justice Minturn, why a writ of mandamus should not issue directed to the respondent, requiring' it to recognize the relator as a plumber and heating inspector of the city of Union City, and to permit him to perform the duties of such office and directing the payment of his salary as such.
It is too plain for argument, that in these proceedings the relator is making an attempt to try the title to an office. This cannot be done in a mandamus proceeding. Nor will the writ be granted, where the facts are in dispute or the law is not settled, as in this case. The rule to show cause is discharged, with costs.
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Cite This Page — Counsel Stack
134 A. 610, 4 N.J. Misc. 839, 1926 N.J. Sup. Ct. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffmeir-v-board-of-health-nj-1926.