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Ackley v. Norcross

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eBook details

  • Title: Ackley v. Norcross
  • Author : New Jersey Supreme Court
  • Release Date : January 23, 1939
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 48 KB

Description

The opinion of the court was delivered by PORTER, J. The relator, Jay M. Ackley, claims to be entitled to office as under-sheriff of Camden county and by this information contests the right to the office of the two defendants, James Norcross and Frank Anthony Ayres, who presently occupy office as under-sheriffs in said county. The pleadings and stipulation of facts, agreed to by the parties, disclose that the relator was appointed as under-sheriff of Camden county November 10th, 1926, by the then sheriff, and was appointed by the three succeeding sheriffs to the same office, serving during the entire incumbency of the said four sheriffs. On November 15th, 1938, the then sheriff-elect, Frank B. Luker, advised relator in writing that he would not require his services in the office upon his assuming the office of sheriff on the following day. On November 16th, 1938, he appointed as one of his under-sheriffs defendant James Norcross and on March 20th, 1939, he appointed as another under-sheriff defendant Frank Anthony Ayres, both of whom duly qualified and assumed the offices. The relator is an honorably discharged veteran and an exempt fireman under the laws of this state. Each of the said four appointments of relator by the various sheriffs was in writing and in identical form, except as to dates and signatures. The terms of the appointments were stated, in part, as follows: ""during my pleasure and until the expiration of my office unless I shall before revoke this appointment.""


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