Smith v. Borough of Matawan

The opinion of the court was delivered by

Donges, J.

This writ brings up the alleged dismissal of the prosecutor as superintendent and engineer of the waterworks and sewer department of the borough of Matawan.

The essential facts are not in dispute and appear to be that prosecutor was first appointed on January 12th, 1926, and was re-appointed annually thereafter down to and including January 2d, 1939. In 1940, he was not re-appointed. Prosecutor claims that he was the holder of an office, as distinguished from a position or employment, and that as an exempt fireman he is entitled to tenure of…