Freas v. City of Cape May

The opinion of the court was delivered by

Bergen, J.

The prosecutor seeks a writ of certiorari for the purpose of reviewing the action of the common council of the defendant municipality in discharging him from its police force. The claim of the prosecutor is that, under an act regulating the tenure of office of cities (Pamph, L. 1899, p. *16526), he cannot be lawfully discharged without charges having been made against him, and without being permitted a hearing thereon. It is admitted that he was discharged on October 2d, 1906, by a resolution of the common council without the presentation of any…