Legal Opinion

Shalvoy v. Johnson

Supreme Court of New Jersey

Decided March 10, 1913PublishedCited by 8 opinions

On rule to show cause why mandamus should not issue, commanding the Civil Service Commissioners of Yew Jersey to certify on the sheriff’s payroll of Essex county the sum of $45.50 as due relator for pay as court attendant from April 1st to April 15th, 1912.

1Opinion of the Court

The opinion of the court was delivered by

Parker, J.

This appears to be an attempt by a temporary appointee to remain permanently in office because he was illegally suffered to remain in the performance of his duties beyond the statutory period. Section 29 of the Civil Service act (Comp. Stat., p. 3806) provides for temporary appointments in emergencies, “but the head of such department * * * upon employing any such person * * * shall immediately give notice thereof to the commission * * * and as soon thereafter as practicable, a person shall be selected in accordance with the other provisions…

2Cited by8 opinions

  1. Jersey City v. Dept. of Civil ServiceNew Jersey Superior Court Appellate Division · 1959
  2. Metropolitan Life Insurance v. LodzinskiSupreme Court of New Jersey · 1937
  3. Gilbert v. Pennington Trap Rock Co.New Jersey Court of Chancery · 1944
  4. Metropolitan Life Insurance Co. v. LodzinskiNew Jersey Court of Chancery · 1936
  5. The Scranton v. Neonlite C. of Am.New Jersey Court of Chancery · 1930

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