Dolphin v. Mayor of Town of Kearny

Prosecutor on January 1st, 1935, was appointed water purveyor of the town of Kearny for a term of two years at a salary oí $2,800 a year. The ordinance creating the office assigns specific duties to be performed and fixes the term. On June 12th, 1935, Councilman Brookes, chairman of the water committee, presented a resignation of the prosecutor and moved its acceptance. The council accepted the resignation, which was undated, and then appointed one Saporito to fill the unexpired term. Prosecutor, recognizing the invalidity of the resignation for reasons to be hereafter stated, continued his…