Mayor of Hoboken v. Gear
Supreme Court of New Jersey
In error to the Hudson circuit. George J. Gear brought an action of assumpsit against the mayor and council of the city of Hoboken to recover his salary as a policeman of said city.
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In error to the Hudson circuit. George J. Gear brought an action of assumpsit against the mayor and council of the city of Hoboken to recover his salary as a policeman of said city. The declaration was as follows: “ The mayor and council of the city of Hoboken, the defendants in this suit, were summoned to answer unto George J. Gear, the plaintiff therein, of a plea of trespass on the case upon promises; and thereupon the said plaintiff, by Samuel W. Carey, his attorney, complains for that whereas the said defendants heretofore, to wit, on the twenty-third day of June, in the year of our Lord…
1Opinion of the Court
The Chief Justice.
On the 18th of June, 1855, the city council of Hoboken, in pursuance of powers conferred by the charter of the city, passed an ordinance to establish a day and night police. The ordinance provides for the appointment of a chief of police and of five assistant policemen, one from each ward of the city, who are to hold their respective offices for the term of two years, and to receive, by way of compensation for their services, a stated salary. On the 20th of June, 1855, George J. *268Gear, the plaintiff in the court below, was appointed a policeman of said city by a resolution of…
2Cases cited3 opinions
- Carden v. SpilmanTennessee Supreme Court · 1847
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- Morgan v. QuackenbushNew York Supreme Court · 1856
3Cited by21 opinions
- State v. International Federation of Professional & Engineers, Local 195Supreme Court of New Jersey · 2001
- Berardi v. RutterNew Jersey Superior Court Appellate Division · 1956
- Graham v. City of Asbury ParkNew Jersey Superior Court Appellate Division · 1961
- Isola v. Borough of BelmarNew Jersey Superior Court Appellate Division · 1955
- Miele v. McGuireSupreme Court of New Jersey · 1960
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