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ZAHN v. DEPT. OF CIVIL SERVICE

8 N.J. 423 (1952)

86 A.2d 254

ANDREW J. ZAHN, PLAINTIFF-APPELLANT, v. DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, AND WILLIAM S. CARPENTER, PRESIDENT THEREOF, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 28, 1952.

Attorney(s) appearing for the Case

Mr. Walter D. Van Riper argued the cause for the appellant.

Mr. John W. Griggs, Deputy Attorney-General, argued the cause for the respondents (Mr. Theodore D. Parsons, Attorney-General).

The opinion of the court was delivered by VANDERBILT, C.J.

The facts of the case have been stipulated. The chief of the Irvington Fire Department having resigned effective as of May 15, 1950, Commissioner Balentine, then Director of Public Safety, on May 16, 1950, appointed Andrew J. Zahn to the position. At 8:50 that morning the plaintiff took the oath of office and entered on the performance of his duties, without, however...

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