Byrne v. City of Wildwood

The opinion of the court was delivered by

Swayze, J.

The question involved is the right of tire commission of Wildwood to employ special counsel in litigation. By the resolution fixing his salary, the city solicitor is required to draw all ordinances and contracts or pass upon the same before action is taken thereon and give such legal advice as may be required by the board of commissioners. The rule that governs the present case is that established by the Court of Errors and Appeals in State, Hoxsey, v. Paterson, 39 N. J. L. 72. This justifies the employment of associate counsel in defending…