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In re Investigation Into Affairs of City of Atlantic City

New Jersey Superior Court, Appellate Division


Decided: April 6, 1949.

IN THE MATTER OF THE INVESTIGATION INTO THE AFFAIRS OF THE CITY OF ATLANTIC CITY

Jacobs, Eastwood and Bigelow. The opinion of the court was delivered by Bigelow, J.A.D.

Bigelow

[3 NJSuper Page 63] This is an appeal from the refusal of the Honorable Frank T. Lloyd, one of the judges of the Superior Court, to appoint a commissioner to take testimony in Illinois as a step in an investigation into the affairs of Atlantic City which was begun last spring by one of the justices of the former Supreme Court, under authority of R.S. 40:6-1 et seq. The appellant, Mr. Harold W. Bennett, is an expert prosecuting the investigation under appointment by the Supreme Court Justice, and he has no other interest in the matter. His only concern is to carry out the orders of his superior. He is not even a resident of Atlantic City. The rule is fundamental that only a person aggrieved is permitted to appeal from an order or judgment of a court, Green v. Blackwell , 32 N.J. Eq. 768 (E. & A. 1880), and only a person directly affected by the action of an administrative

[3 NJSuper Page 64]

body or officer may challenge it, Jersey City v. Traphagen , 53 N.J.L. 434 (E. & A. 1891). Mr. Bennett is not aggrieved and he has no interest in the matter, and therefore the appeal will be dismissed.

19490406


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