Foley v. City of Orange
Supreme Court of New Jersey
On error to the Supreme Court. The Supreme Court filed the following memorandum: “Pee Cueiam. “The prosecutor, John D. Foley, was charged with violating rule 15 of the police rules, and was tried on the charge by the board of commissioners of the city of Orange, found guilty and dismissed from the force. “The jurisdiction to try the prosecutor is under the act of 1915, p. 495, section 4, vested in the commissioner of the department of public safety.
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On error to the Supreme Court. The Supreme Court filed the following memorandum: “Pee Cueiam. “The prosecutor, John D. Foley, was charged with violating rule 15 of the police rules, and was tried on the charge by the board of commissioners of the city of Orange, found guilty and dismissed from the force. “The jurisdiction to try the prosecutor is under the act of 1915, p. 495, section 4, vested in the commissioner of the department of public safety. The board of commissioners, sitting as such board, was without jurisdiction to try him. See Apple v. Atlantic City, recently decided and not yet…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The question to be decided is whether the jurisdiction to try charges against a police officer of a city *555governed under the Walsh act (Pamph. L. 1912, p. 643) was taken away from the board of commissioners by the amendment of the fourth section of such act (Pamph. L. 1915, p. 494). Prior to such amendment all of the judicial power of the board of commissioners was vested in the board itself, which by reason thereof was in effect a judicial tribunal of a somewhat anomalous character. This situation arose from the fact that while the parent…
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- In re the Estate of HorvathNew York Surrogate's Court · 1941
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