LLOYD v. VERMEULEN


40 N.J. Super. 301 (1956)

123 A.2d 21

FRANK T. LLOYD, JR., PLAINTIFF-APPELLANT, 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-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 31, 1956.


Attorney(s) appearing for the Case

Mr. Leon S. Milmed argued the cause for plaintiff-appellant (Messrs. Milmed & Rosen, attorneys).

Mr. David D. Furman argued the cause for defendant-respondent (Mr. Grover C. Richman, Jr., Attorney-General).

Before Judges CLAPP, JAYNE and FRANCIS.


The opinion of the court was delivered by CLAPP, S.J.A.D.

This action in lieu of prerogative writ was brought in the Superior Court, Law Division, to compel the defendant to restore plaintiff's name to the payroll of the State as a Judge of the Superior Court. His name had been removed from the payroll on January 17, 1956. Summary judgment was granted in defendant's favor below, and plaintiff appeals to this court.

There is no controversy as to the facts....

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