Cowenhoven v. Board of Chosen Freeholders
Supreme Court of New Jersey
The declaration exhibited these facts: That on the lst'day of April, 1869, the plaintiff was duly appointed and commissioned the law judge of the Court of Common Pleas of the county of Middlesex, and entered upon the execution of his office, Ac., and performed all its duties until the 1st day of April, 1874; that after such appointment and commission, and after the making of the act of the legislature approved March 18th, 1869, entitled, Ac., and which provided that the…
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The declaration exhibited these facts: That on the lst'day of April, 1869, the plaintiff was duly appointed and commissioned the law judge of the Court of Common Pleas of the county of Middlesex, and entered upon the execution of his office, Ac., and performed all its duties until the 1st day of April, 1874; that after such appointment and commission, and after the making of the act of the legislature approved March 18th, 1869, entitled, Ac., and which provided that the plaintiff should be entitled to $3 for each day’s attendance in the discharge of his duties as such judge in said court, the…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
In my opinion the statutory *233limitation of six years is not applicable to the cause of action set out in the count to which that bar is pleaded. The reason for this view is that the action is founded on the statute and not on a contract. There was nothing whatever conventional in the relationship between the plaintiff and defendants. The defendants had no concern with the appointment of the plaintiff to his office, and the statute, quite irrespectively of any concurrence on their part, imposed upon them the duty to pay him the…
2Cases cited4 opinions
- Bullard v. BellU.S. Circuit Court for the District of New Hampshire · 1817
- Hook v. WhitlockNew York Court of Chancery · 1831
- Lane v. MorrisSupreme Court of Georgia · 1851
- Jordan v. RobinsonSupreme Judicial Court of Maine · 1838
3Cited by5 opinions
- Williamson v. Columbia Gas & Electric CorporationCourt of Appeals for the Third Circuit · 1939
- Blazer Corp. v. NJ Sports & Exposition Auth.New Jersey Superior Court Appellate Division · 1984
- United States v. JacobsDistrict Court, D. New Jersey · 1957
- Miller v. BD. OF CHOSEN FREEHOLDERS, CTY., HUDSONNew Jersey Superior Court Appellate Division · 1951
- Miller v. Bd. of Chosen Freeholders, Hudson CountySupreme Court of New Jersey · 1952