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Board of Education of Borough of Seaside Heights v. Shepherd

New Jersey Supreme Court


Decided: January 26, 1938.

THE BOARD OF EDUCATION OF THE BOROUGH OF SEASIDE HEIGHTS, PROSECUTOR,
v.
ISAIAH A. SHEPHERD AND STATE BOARD OF EDUCATION OF THE STATE OF NEW JERSEY, DEFENDANTS

On appeal from the Supreme Court, whose opinion is printed in 15 N.J. Mis. R. 394.

For the prosecutor, Francis Tanner.

For the defendants, Ira F. Smith.

Bodine

[119 NJL Page 413]

The opinion of the court was delivered by

BODINE, J. The appeal is from a judgment in the Supreme Court affirming the findings by the state board of education that Isaiah A. Shepherd held the position of school janitor in the borough of Seaside Heights for an indefinite term and was protected by the Janitors' Tenure act (Pamph. L. 1911, ch. 44, p. 67); and further that his dismissal was without cause, in that he was charged with a violation of rules of the board of education so recently adopted that he had not been apprised thereof. The issues being purely factual cannot be disturbed in this court, since there was evidence before the Supreme Court to support them. "The attack is on findings of fact, * * * by the Supreme Court, it is, on well settled principles not cognizable here if there was any evidence to support those findings. Moran v. Jersey City, 58 N.J.L. 653; Suburban Land Co. v. Vailsburgh, 68 Id. 311; Kohn

[119 NJL Page 414]

v. Tilt, 103 Id. 110." Ford Moror Co. v. Fernandez, 114 N.J.L. 202, 204.

The judgment under review will be affirmed, with costs.

For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, CASE, BODINE, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 12.

For reversal -- None.

19380126


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