Supreme Court of New Jersey June 8, 1908 (State ex rel. Borough of Pleasantville v. Pleasantville Water Co.)

The opinion of the court was delivered by

Reed, J.

This motion to strike out the return to this alternative writ of mandamus can only succeed if the return is found to be manifestly false, frivolous or calculated to embarrass or delay the remedy sought. Silverthorne v. Warren Railroad Co., 4 Vroom 173; Gallager v. Board of Public Works of Jersey City, 16 Id. 465.