Clay v. Browne
Supreme Court of New Jersey
When the legislature, by statute, creates an office and affixes a term to it for which each and every incumbent shall hold it, or where a municipal board pursues the same course under legislative authority conferred upon it for the purpose, the resignation of an incumbent thereof, before the expiration of the term so fixed, leaves an uncompleted term, and the vacancy can only be filled for the period that the term has to run, as provided by section 5 of the act of 1901…
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When the legislature, by statute, creates an office and affixes a term to it for which each and every incumbent shall hold it, or where a municipal board pursues the same course under legislative authority conferred upon it for the purpose, the resignation of an incumbent thereof, before the expiration of the term so fixed, leaves an uncompleted term, and the vacancy can only be filled for the period that the term has to run, as provided by section 5 of the act of 1901 entitled “An act relative to the time of election and appointment and terms of office of officers elected or appointed in…
1Opinion of the Court
The opinion of the court was delivered by
Gummebe, Chiee Justice.
This litigation involves the title to the office of health officer of the board of health of Paterson. The following is the situation disclosed by the pleadings: On the Sth of January. 1918, the board, pursuant to authority conferred upon it by section 31 of the health code (Comp. Stat., p. 2669), appointed one Hagen as health •officer for a term of three years ending on the 1st of January, 1921. On December 14th, 1920, Hagen resigned his office. His resignation was accepted by the board, and a resolution was passed by it on the…
2Cited by5 opinions
- Cabarle v. Governing Body of Tp. of PembertonNew Jersey Superior Court Appellate Division · 1979
- Tibbs v. BoemiNew Jersey Superior Court Appellate Division · 1970
- Larkey v. City of BayonneSupreme Court of New Jersey · 1939
- Ninesling v. NultonNew Jersey Superior Court Appellate Division · 1950
- Bodnar v. Board of HealthSupreme Court of New Jersey · 1936