DeFAZIO v. MAYOR, ETC., OF HOBOKEN


9 N.J. Super. 486 (1950)

75 A.2d 551

CHARLES J. DeFAZIO, JR., PLAINTIFF, v. THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, ETC., DEFENDANT.

Superior Court of New Jersey, Hudson County Court Law Division.

Decided September 18, 1950.


Attorney(s) appearing for the Case

Mr. Samuel J. Davidson, attorney for plaintiff.

Mr. Dominick R. Rinaldi, attorney for defendant (Mr. E. Norman Wilson, of counsel).


DREWEN, J.C.C.

Plaintiff sues for salary claimed to be due him as assistant city attorney of the City of Hoboken for the period from May 23 to December 31, 1947. Admittedly his official status was not de jure. The sole question here is whether it was de facto, as he alleges, and hence within R.S. 40:11-7, which provides that: "Any person who has or shall have held, de facto, any office or...

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