JONES v. MacDONALD


33 N.J. 132 (1960)

162 A.2d 817

EDMUND A. JONES, ARNOLD B. COHEN, AND STATE OF NEW JERSEY, EX REL., EDMUND A. JONES AND ARNOLD B. COHEN, PLAINTIFFS-RESPONDENTS, v. FRANK E. MacDONALD, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 28, 1960.


Attorney(s) appearing for the Case

Mr. Frederick A. Onore argued the cause for appellant (Mr. Sanford C. Vogel, on the brief).

Mr. Richard H. Thiele, Jr., argued the cause for respondents (Messrs. Pincus, Shamy & Sheehan, attorneys; Messrs. Richard H. Thiele, Jr. and Robert W. Hallgring, on the brief).


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

The question is whether defendant may lawfully be both a member of the Somerset County Board of Taxation and a Councilman of the Borough of North Plainfield. The trial court held he may not. From the resulting judgment declaring his office of councilman vacated, defendant appealed, and we certified the matter on our motion before the Appellate Division considered it.

There being no applicable statutory...

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