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Introcaso v. Burke

April 14, 1949

NICHOLAS D. INTROCASO, JR., PLAINTIFF,
v.
FRANCIS X. BURKE, CITY CLERK, &C., DEFENDANT



Civil Action.

William J. Brennan, Jr. Brennan, Wm. J., Jr., J.s.c.

Brennan

[3 NJSuper Page 277] This is a complaint under Rule 3:81 in the nature of a proceeding in lieu of prerogative writ. The complaint was filed April 12, 1949.

Plaintiff, prior to March 31, 1949, filed with the City Clerk of the City of Jersey City the requisite number of signed petitions nominating him as a candidate for the office of commissioner of said city in the municipal election to be held Tuesday, May 10, 1949. The date after which petitions for this purpose could not be accepted was March 31, 1949.

On Tuesday, April 5, 1949, a draw was held at the office of the City Clerk to determine the order in which the candidates or groups of candidates would appear on the ballot to be used at the municipal election on May 10, 1949. (See the decision of this court in Witkowski v. Burke , 1 N.J. Super. 266, filed this day.) Prior to the drawing on April 5th plaintiff tendered to the acting City Clerk his resignation as a candidate. The tender was not accepted. The tender was in writing and reads:

"NOTIFICATION OF WITHDRAWAL

TO HON. FRANCIS X. BURKE, CITY CLERK OF JERSEY CITY

DEAR SIR:

PLEASE TAKE NOTICE that I have withdrawn my candidacy for Jersey City Commissioner for the election to be held on May 10, 1949 and request that my name be stricken from the ballot because I fully and wholeheartedly support the FREEDOM TICKET.

NICHOLAS D. INTROCASO, JR.

FORMER CANDIDATE FOR JERSEY

CITY COMMISSIONER

Dated: April 4, ...


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