Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lloyd v. Vermeulen

Decided: April 23, 1956.

FRANK T. LLOYD, JR., PLAINTIFF,
v.
ABRAM M. VERMEULEN, DIRECTOR OF THE DIVISION OF BUDGET AND ACCOUNTING AND STATE COMPTROLLER, DEPARTMENT OF THE TREASURY OF THE STATE OF NEW JERSEY, DEFENDANT



Ewart, J.s.c.

Ewart

Plaintiff by this suit seeks a judgment in the nature of a mandamus to compel defendant to restore plaintiff's name to the judiciary payroll of the State of New Jersey as of January 17, 1956, and to compel defendant to deliver checks or warrants in payment of plaintiff's salary as a judge of the Superior Court, that is to say, the salary that has accrued from the date mentioned.

Without having filed an answer, defendant on notice, supported by affidavits of Edward J. Patten, Secretary of State, and of David D. Furman, Deputy Attorney-General, moves for summary judgment of dismissal. And plaintiff on notice, supported by affidavits of the plaintiff, and of Edward B. McConnell, Administrative Director of the Courts, and also in reliance upon matters made to appear in the deposition of the defendant taken by the plaintiff, makes a counter-motion for summary judgment in favor of the plaintiff.

The facts essential to a determination of this controversy are not in dispute. I find them to be as follows:

At the general election held November 4, 1947, the qualified voters of this State adopted a new constitution known as the Constitution of 1947.

On December 15, 1947, pursuant to the provisions of Article XI, Section IV, paragraph 1, of the new Constitution,

the Governor nominated for appointment a chief justice and six associate justices of the Supreme Court under the new Constitution and those appointments were confirmed by the Senate the same day.

Immediately following the action described in the preceding paragraph, and on the same date, the Governor nominated for appointment to the Circuit Court, to succeed Hon. Albert E. Burling, plaintiff Lloyd "for the term prescribed by law," and the appointment was confirmed by the Senate on the same day.

On June 28, 1948 the Governor nominated for appointment as judge of the Superior Court the plaintiff Lloyd "for the term prescribed by Paragraph 3 of Section VI of Article VI of said Constitution" and the appointment was confirmed by the Senate on the same day.

December 15, 1947 a commission over the signatures of the Governor and Secretary of State was issued to plaintiff as judge of the Circuit Court for a term described as "for and during legal time."

December 15, 1947 a commission over the signatures of the Governor and Secretary of State was issued to the plaintiff as judge of the Superior Court for a term described as "for and during legal time prescribed in Paragraph 3, Section VI, Article VI, of the State Constitution adopted November 4, 1947."

June 28, 1948 a commission over the signatures of the Governor and Secretary of State was issued to the plaintiff as judge of the Superior Court for a term described as "for and during legal time prescribed by Paragraph 3, Section VI, Article VI, of the State Constitution adopted November 4, 1947."

September 15, 1948 a commission over the signatures of the Governor and Secretary of State was issued to the plaintiff as judge of the Superior Court for a term described as "for and during legal time."

Oaths of office were taken, subscribed and filed by the plaintiff as follows:

(1) December 18, 1947 as judge of the Circuit Court.

(2) May 17, 1949 the oath of allegiance prescribed by the statute.

(3) September 13, 1948 as judge of the Superior Court.

Plaintiff served actively as judge of the Circuit Court from the date of his commission on December 15, 1947 until September 15, 1948, when the Judicial Article of the new Constitution became effective (Article XI, Section IV, paragraph 14), upon which last named date the circuit court was abolished (Article XI, Section IV, paragraph 3).

Plaintiff served actively and continuously as a judge of the Superior Court from September 15, 1948, when the said Judicial Article became effective, until on or about January 17, 1956, on which latter date plaintiff's name was removed from the judiciary payroll by the defendant on advice of the Attorney-General. During the period last named plaintiff served as assignment judge in the Counties of Camden and Monmouth under assignment by the chief justice.

Since the removal of his name from the payroll, plaintiff has not actually presided over any courts nor attempted to perform judicial acts, but has attended from time to time at the court houses in Camden and Freehold, to which he was assigned by the chief justice as aforesaid, and has held himself in readiness to perform any judicial work that might be assigned to him.

Manuals entitled " Division of Laws and Commissions, State Officers, Judges, Etc. ," prepared and issued by the Department of State of New Jersey, reveal that in such manuals issued on January 1, 1949, November 1, 1950, January 2, 1952, January 2, 1953, and December 1, 1955, plaintiff's name is listed as judge of the Superior Court for a term therein described as "tenure."

Plaintiff was paid regularly in semi-monthly installments the salary prescribed by law for a judge of the Superior Court for the entire period from September 15, 1948 until January 15, 1956. Thereafter, under date of January 31, 1956 defendant caused to be issued a check or ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.