State ex rel. Whitney v. Van Buskirk
Supreme Court of New Jersey
This information is filed at the instance of George B. Whitney, to test the right of Hiram Van Buskirk to the office of chief of police in the city of Bayonne.
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This information is filed at the instance of George B. Whitney, to test the right of Hiram Van Buskirk to the office of chief of police in the city of Bayonne. The facts set forth in the information, to show the defendant’s intrusion in office, are, the possession of the office by the relator, through a valid appointment for an indefinite term; the tender of his resignation to the mayor and council of the city, on December 3d, 1877, to take effect on the 1st day of January, 1878; the acceptance thereof by the mayor and board of councilmen on the 4th day of December, 1877; the nomination by…
1Opinion of the Court
The opinion of the court was delivered by
Knapp, J.
The first question for determination is whether the office was vacated by the relator, or a period put to his term by the transactions which took place, as set out in the information.
Under the charter of Bayonne, the term of office of the chief of police is not for any given period of time. His term ends only by removal for cause, accepting another and incompatible office, an accepted resignation, or his death.
Appointment to the office is upon a nomination by the mayor, and a confirmation of his nominee by the common council. §§ 3, 10, Revised…
2Cases cited3 opinions
- Conger v. GilmerCalifornia Supreme Court · 1867
- People ex rel. Moore v. WitherellMichigan Supreme Court · 1865
- Nooe v. BradleyIndiana Supreme Court · 1832
3Cited by5 opinions
- Ream v. KuhlmanNew Jersey Superior Court Appellate Division · 1970
- State Ex Rel. Jewett v. SattiSupreme Court of Connecticut · 1947
- Gober v. Pemberton Tp.New Jersey Superior Court Appellate Division · 1982
- State v. JonesNew Jersey Superior Court Appellate Division · 1949
- Robinson v. KREISCHERNew Jersey Superior Court Appellate Division · 1967