Speck v. Borough of Fairview
Supreme Court of New Jersey
1Opinion of the CourtParker, J.
This is an attempt to review by certiorari the action of the borough council in appointing the respondent Moseley to the police force as patrolman at a stated salary. The status of the prosecutor does not appear in any of the papers before me,' but I take it for granted that he is a citizen and taxpayer; it is not challenged in any way.
*411At the argument I intimated to counsel the view that certiorari would not lie in a case of this kind, and examination of the authorities confirms that view.
If a member of the police force is a public officer, his status as such cannot be attacked by certiorari,…
2Cases cited3 opinions
- Turtur v. BrokawSupreme Court of New Jersey · 1926
- Campbell v. BrennanSupreme Court of New Jersey · 1928
- Diebert v. City of South AmboySupreme Court of New Jersey · 1923
3Cited by3 opinions
- Hoboken Local No. 2 v. City of HobokenSupreme Court of New Jersey · 1945
- Harcher v. HurleySupreme Court of New Jersey · 1935
- Village of Ridgewood v. HowardPennsylvania Court of Common Pleas · 1935