Degnan v. Curcio

The opinion of the majority was delivered by

HORN, J. A. D.

The issue in this case is whether N.J.S.A. 40A:9 108, which provides that “[n]o person shall hold any other civil office during the time he holds and exercises the office of sheriff . . ” is applicable to an undersheriff.

The Attorney General, as plaintiff, initiated an action in lieu of prerogative writs in order to secure relief, on the thesis that said statute barred undersheriffs as well as sheriffs from holding any other civil office. The pleadings disclose no factual dispute.

On June 1, 1973 defendant Joseph F. Job, Sheriff of…