Covey v. City of Plainfield

The opinion of the court was delivered by

William J. Brennan, Jr., J.

This appeal was taken by defendant City of Plainfield to the Appellate Division and was certified here of our own motion. The appeal is from a judgment entered in the Law Division of the Superior Court nullifying a resolution demoting plaintiff from captain to lieutenant in the fire department and directing the payment to plaintiff of captain’s pay from the date of the resolution.

Defendant’s fire department ordinance originally provided-for four captains. In November 1950 there were four lieutenants in the fire department and…