HERBERT v. BURKHARDT


12 N.J. Super. 273 (1951)

79 A.2d 506

WALTER J. HERBERT, PLAINTIFF, v. WILLIAM G. BURKHARDT, ET AL., DEFENDANTS. GEORGE E. LAIRD, PLAINTIFF, v. WILLIAM G. BURKHARDT, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 16, 1951.


Attorney(s) appearing for the Case

Mr. John E. Yoemans for the plaintiff (Mr. Bruce A. Wallace, attorney).

Mr. Francis G. Homan, attorney for defendants.


DONGES, J.S.C.

This matter is before the court on complaints in lieu of prerogative writs. Plaintiffs instituted separate actions to test the legality of their dismissal from the police department of Pine Hill. The two actions were consolidated for the purpose of a hearing and heard by me without a jury.

I find the facts to be as follows:

Plaintiff, Herbert, was originally appointed as a special officer in 1939, and promoted through the ranks until...

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