Decided: September 22, 1937.
ELERY L. (SOMETIMES KNOWN AS EDWARD L.) BULLOCK, PROSECUTOR-APPELLANT,
EARL JEFFRIES ET AL., COMMISSIONERS OF THE CITY OF MARGATE CITY, ET AL., DEFENDANTS-RESPONDENTS
On appeal from a judgment of the Supreme Court, whose opinion is reported in 117 N.J.L. 595.
For the appellant, Wilbur J. Bernard and Thomas V. Fields (Wilbur J. Bernard, of counsel).
For the respondents, Enoch A. Higbee, Jr.
[119 NJL Page 27]
The judgment of the Supreme Court dismissing the writ of certiorari must be affirmed. The opinion of that court, 117 N.J.L. 595, shows that it based its judgment on two grounds; laches and illegal creation of the position which the appellant claims the right to hold and occupy.
We base our conclusion that the judgment under review must be affirmed solely on the latter ground and not upon the grounds of laches.
[119 NJL Page 28]
The judgment of the Supreme Court is affirmed, with costs.
For affirmance -- THE CHIEF JUSTICE, TRENCHARD, CASE, BODINE, DONGES, HEHER, DEAR, WOLFSKEIL, RAFFERTY, COLE, JJ. 10.
For reversal -- PERSKIE, J. 1.