Fredericks v. Board of Health
Supreme Court of New Jersey
On appeal. By section 31 of the Board of Health act of 1887 (Pamph. L., p. 94), the board of health of the town of West Hoboken was required to appoint an inspector whose general duties are outlined in section 5 of the act.
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On appeal. By section 31 of the Board of Health act of 1887 (Pamph. L., p. 94), the board of health of the town of West Hoboken was required to appoint an inspector whose general duties are outlined in section 5 of the act. On March 28th, 1910, Frank A. Fredericks was'appointed sanitary inspector for the term of three years at a salary of $1,500 a year, which was paid to him up to January 31st, 1911. On January 30th, 1911, the board -resolved that the salary of sanitary inspector be fixed at $1,000 :a year. Fredericks, having served as inspector during the ■months of February, March and…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
If the appellee held an office the District Court erred in deciding that his acceptance thereof established a contractual relation. Hoboken v. Gear, 3 Dutcher 265.
The first question therefore is whether or not the inspector appointed by a local board of health is the incumbent of an office. The courts of this state have frequently been called upon to decide what an office was and to distinguish “an office” from “a position,” as well as from a mere employment. Prom these decisions the following definition of an office may be deduced:
An…
2Cases cited11 opinions
- State ex rel. Lewis v. Board of Public WorksSupreme Court of New Jersey · 1889
- State ex rel. Stewart v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1897
- State v. City of OrangeSupreme Court of New Jersey · 1898
- State v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1895
- Uffert v. VogtSupreme Court of New Jersey · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- People ex rel. Jacobs v. CoffinIllinois Supreme Court · 1918
- Finley v. McNairSupreme Court of Pennsylvania · 1934
- Haskins v. State Ex Rel. HarringtonWyoming Supreme Court · 1973
- State ex rel. Kendall v. ColeNevada Supreme Court · 1915
- Skladzien v. Board of EducationSupreme Court of New Jersey · 1934
42 more not listed; retrieve them via the Exa API.