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TUMULTY v. JERSEY CITY

57 N.J. Super. 503 (1959)

155 A.2d 148

T. JAMES TUMULTY, PLAINTIFF-APPELLANT, v. THE CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, THE HOUSING AUTHORITY OF JERSEY CITY, A BODY CORPORATE AND POLITIC, AND MAURICE B. McLAUGHLIN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 1959.

Attorney(s) appearing for the Case

Mr. Arthur C. Mullen argued the cause for appellant.

Mr. Vincent J. Cartier argued the cause for respondent Maurice B. McLaughlin.

Before Judges GOLDMANN, CONFORD and HANEMAN.

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

This action in lieu of prerogative writs involves competing claims to the office of housing commissioner of Jersey City. Defendant McLaughlin relies upon his appointment by the governing body; plaintiff claims he was legally appointed by the Mayor, who is also the Director of the Department of Public Affairs. The Law Division entered judgment in favor of defendants...

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