McDonough v. Roach

The opinion of the court was delivered by

Weintraub, C. J.

In November 1959 defendant was elected Mayor of the Town of Dover and also a member of the Board of Chosen Freeholders of Morris County. On January 1, 1960 he was inducted into the office of mayor and on the following day he entered office as a member of the governing body of the county. The issue is whether he may hold both posts notwithstanding the common-law bar against dual holding of incompatible offices. The trial court held he could. We certified plaintiffs’ appeal before the Appellate Division considered it.

We recently canvassed…