Legal Opinion

State v. Mayor of Millville

Supreme Court of New Jersey

Decided February 15, 1891PublishedCited by 10 opinions

On certiorari. A writ of certiorari directed to the mayor and common council of the city of Millville, required that body to certify to this court its resolution of June 12th, 1889, removing the' prosecutor from the office of constable of the First ward of said city.

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On certiorari. A writ of certiorari directed to the mayor and common council of the city of Millville, required that body to certify to this court its resolution of June 12th, 1889, removing the' prosecutor from the office of constable of the First ward of said city. The resolution in question is as follows: “Whereas, section three of the supplement to the charter of Millville, approved March fifteenth, eighteen hundred and seventy-one, says, among other things, that the marshal of said city and the constables of the several wards-thereof shall be appointed by -the mayor and common council,…

1Opinion of the Court

The opinion of the court was delivered by

Knapp, J.

Under the charter provisions governing the «city of Millville, there seems to be no room to doubt that those elected to the office of constable in said city form a part ■of the police force of the city. The twenty-fifth section of the charter (Pamph. L. 1886, p. 125) confers powers and imposes duties upon the city constables such as pertain only to •the local police, and, consequently, in this official character, '•they are within the protection of the,statute which prohibits the removal of police officers of a city except for cause and ■after…

2Cited by10 opinions

  1. Massey v. City Council of Des MoinesSupreme Court of Iowa · 1948
  2. McAvoy v. Inhabitants of City of TrentonSupreme Court of New Jersey · 1911
  3. State v. Mayor of BayonneSupreme Court of New Jersey · 1895
  4. MacDonald v. City of NewarkSupreme Court of New Jersey · 1893
  5. State v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1899

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