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McCullough v. County of Camden

New Jersey Supreme Court


Decided: April 15, 1941.

EVERETT MCCULLOUGH, WILLIAM H. SAWYER, EDWARD CAMPBELL, WILLIAM LEVIN, ANNIE MOFFET, LEONARD FORSMAN, STEPHEN WILMER, KATHRYN ERVOLINI AND WILMER CLINE, RELATORS,
v.
COUNTY OF CAMDEN, RESPONDENT

On mandamus.

For the relators, Carl Kisselman and Meyer L. Sakin.

For the respondent, Vincent L. Gallaher.

Before Justices Bodine and Porter.

Bodine

[126 NJL Page 232]

BODINE, J. This decision in this case follows our decision in Luker v. Civil Service Commission, 126 N.J.L. 229.

The relators seek mandamus to compel the payment of their salaries as court attendants. All were reinstated after hearing by the Civil Service Commission. They sued for salaries due during the period the sheriff refused to permit them to perform their duties. The answers filed raise the same matters considered by us to have no merit in 126 N.J.L. 229. The learned trial judge in a clear and concise memorandum -- a model of excellence -- ordered the answers struck and entered judgments for the sums due upon the annual salary basis fixed by the freeholders.

The relators applied for mandamus consolidation their actions. The right being clear mandamus should go to require the raising of revenues, if sufficient funds are not on hand to pay the judgments. Township Committee v. First National Bank, 111 N.J.L. 412.

A peremptory writ will issue.

19410415


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