De Marco v. Bd. of Chosen Freeholders of Bergen County

The opinion of the court was delivered by

Jacobs, J.

In an opinion reported at 36 N. J. Super. 382 (Law Div. 1955), Judge Waesche held that the plaintiff, a Bergen County detective, was not entitled to recover salary from October 9, 1951 to December 8, 1954, during which period he was under suspension and performed no services whatever for the county. The plaintiff appealed to the Appellate Division and we certified under R. R. 1:10-1 (a).

In 1947 the prosecutor of Bergen County appointed the plaintiff as a county detective. The plaintiff’s duties were “to assist the prosecutor in the detection,…