Legal Opinion

Fitch v. Smith

Supreme Court of New Jersey

Decided February 15, 1895PublishedCited by 3 opinions

On rule. Notice having been given of the taking of testimony under the rule to show cause heretofore made herein, the attorneys of the respective parties hereto agreed upon the following as the true state of facts : The defendant, Alexander Smith, had been for many years previous to 1893 principal of the public school then known as District No. 8, of Guttenberg, in the county of Hudson, and from September 1st, 1893, to July 31st, 1894, said Smith performed the duties as such…

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On rule. Notice having been given of the taking of testimony under the rule to show cause heretofore made herein, the attorneys of the respective parties hereto agreed upon the following as the true state of facts : The defendant, Alexander Smith, had been for many years previous to 1893 principal of the public school then known as District No. 8, of Guttenberg, in the county of Hudson, and from September 1st, 1893, to July 31st, 1894, said Smith performed the duties as such by virtue of a certain contract in words following: “ It is hereby agreed between the Trustees of School District No. 8…

1Opinion of the Court

The opinion of the court was delivered by

Dixon, J.

Assuming for present purposes that the position of principal' of a public school is, as the relator insists, *530a public office, still it appears that when the relator was chosen to that office by the former board of trustees, the office was held by an incumbent whose-term would not end until after the expiration of that board and the organization of a new board pursuant to the act of May 25th, 1894. Pamph. L., p. 506. Such a choice could give the relator no title to the office, as the power of appointment belonged to the board which would be in…

2Cases cited1 opinion

  1. State v. AlbertsonSupreme Court of New Jersey · 1891

3Cited by3 opinions

  1. Georgia v. SurudaNew Jersey Superior Court Appellate Division · 1977
  2. Davis v. Public SchoolsMichigan Supreme Court · 1913
  3. Dickinson v. Mayor of Jersey CitySupreme Court of New Jersey · 1902

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