Winne v. County of Bergen

*314The opinion of the court was delivered by

Jacobs, J.

In an opinion reported at 36 N. J. Super. 532 (1955), the Bergen County Court held that the plaintiff, formerly prosecutor of Bergen County, was entitled to recover $34,005.32 from the County of Bergen for salary as county prosecutor from December 1, 1950 to April 25, 1954, during which period he performed no public services because the Attorney-General had taken over the county prosecutor’s duties pursuant to R. S. 52:17A-5. The County appealed to the Appellate Division and we certified under R,. R. 1:10-1 (a).

On April 25, 1949 the plaintiff…