McBride v. Bloy

Harold McBride, who for a number of months acted as police sergeant in the township of Hillside, seeks to have reviewed the action taken by the township in creating four offices of police sergeant, and in appointing thereto four police officers who had been less long in the service than he.

One who merely acts in an office cannot be regarded as having tenure. Frequently someone is designated to act for an officer, who, for one reason or another, is temporarily incapacitated. Such temporary incumbent does not have tenure. Therefore, the only question in this case is whether the municipality in…