Ross v. Board of Chosen Freeholders
Supreme Court of New Jersey
On appeal from the Supreme Court. The following decision was rendered by the Circuit Judge: “This case is, by consent, tried before me without a jury on a stipulated state of facts. “Plaintiff was employed as a guard in the Hudson county jail. His employment was under and subject to the Civil Service laws of the State of New Jersey. Tlie sheriff of Hudson county dismissed plaintiff from his position without alleging any reason, without a hearing, and contrary to law.
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On appeal from the Supreme Court. The following decision was rendered by the Circuit Judge: “This case is, by consent, tried before me without a jury on a stipulated state of facts. “Plaintiff was employed as a guard in the Hudson county jail. His employment was under and subject to the Civil Service laws of the State of New Jersey. Tlie sheriff of Hudson county dismissed plaintiff from his position without alleging any reason, without a hearing, and contrary to law. The state civil service commission refused to sustain the sheriff’s said action on the ground that it was improper and illegal…
1Opinion of the Court
The opinion of'the court was delivered by
Garrison, J.
The court below, having rightly decided that the plaintiff held a position, and not an office, erred in denying his cause of action upon the doctrine .of Stulir v. Curran, which is applicable solely to an office and not at all to a position. The analogy which was supposed to justify the extension of this doctrine to the holder of a position is limited to certain of the qualities appertaining to the duties of both an office and a position, viz., their permanence and certainty; but, as was pointed out in Fredericks v. Board of Health, all…
2Cited by29 opinions
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- Rutherford Education Ass'n v. Board of EducationSupreme Court of New Jersey · 1985
- Darrow v. Hanover TownshipSupreme Court of New Jersey · 1971
- Miele v. McGuireSupreme Court of New Jersey · 1960
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