
    CARRIE L. HARRISON, PLAINTIFF IN ERROR, v. BOROUGH OF MADISON ET AL., DEFENDANTS IN ERROR.
    Argued June 20, 1911
    Decided November 20, 1911.
    On error to the Supreme Court, whose opinion is reported in 52 Vroom 21.
    For the plaintiff in error, Frank H. Sommer.
    
    
      For the defendants in error, Charles A. Rathbun.
    
   Per Curiam.

We agree with the view expressed by the Supreme Court that at the time of the adoption of the ordinance under review Mr. Downs was de facto mayor of the borough of Madison, acting under color of authority, and that his approval of the ordinance was therefore sufficient to give it validity.

We find it unnecessary to express an opinion upon the question whether he was de jure mayor.

The judgment under review should be affirmed.

For affirmance—The Chancellor, Chiee Justice, Trenchard, Parker, Bergen, Kalisoh, Bogert, Vredenburgh, Congdon, White, JJ. 10.

For reversal—None.  