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Evans v. Board Education, Gloucester City

Court of Errors and Appeals
May 14, 1936
184 A. 813 (N.J. 1936)

Opinion

Argued February 5, 1936 —

Decided May 14, 1936.

On appeal from the Supreme Court, whose opinion is printed in 13 N.J. Mis. R. 506.

For the appellant, Henry M. Evans ( Alfred Brenner, of counsel).

For the respondents, Firmin Michel.


An affirmance of the judgment of the Supreme Court is called for and for the reason set forth in the opinion of that court that the "prosecutor's term of office was either fixed by the resolution creating the office at one year, or if not so fixed, in the absence of statute, presently in force, or ordinance or rule under legislative sanction, the term was for one year being co-terminous with that of the appointing power."

We agree with the Supreme Court that —

"It is not material to the determination of this case that the solicitor of a board of education be regarded as an officer."

The judgment under review is affirmed, with costs.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, LLOYD, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 11.

For reversal — None.


Summaries of

Evans v. Board Education, Gloucester City

Court of Errors and Appeals
May 14, 1936
184 A. 813 (N.J. 1936)
Case details for

Evans v. Board Education, Gloucester City

Case Details

Full title:HENRY M. EVANS, PROSECUTOR-APPELLANT, v. BOARD OF EDUCATION OF GLOUCESTER…

Court:Court of Errors and Appeals

Date published: May 14, 1936

Citations

184 A. 813 (N.J. 1936)
184 A. 813

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