Jones v. MacDonald

The opinion of the court was delivered by

Weintraub, C. J.

The question is whether defendant may lawfully be both a member of the Somerset County Board of Taxation and a Councilman of the Borough of North Plainfield. The trial court held he may not. Erom the resulting judgment declaring his office of councilman vacated, defendant appealed, and we certified the matter on our motion before the Appellate Division considered it.

There being no applicable statutory or constitutional provision, we are concerned with the common-law doctrine pro hibiting dual holding of incompatible offices. The outer…