Marranca v. Harbo

The opinion of the court was delivered by

Weintraub, C. J.

This is a civil service case. Plaintiff, a patrolman in the Elizabeth Police Department, sued to compel the appointing authority to promote him to sergeant. During the pendency of the suit five other patrolmen were so promoted. Plaintiff then amended his complaint to challenge the validity of those promotions. The trial court held that although plaintiff could not compel his own promotion and hence must fail in his original complaint, nonetheless the pendency of his suit operated to prevent the other appointments. Mar ranca v. Harbo, 76…