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McDONOUGH v. ROACH

35 N.J. 153 (1961)

171 A.2d 307

RICHARD T. McDONOUGH, THOMAS J. MILANO AND THOMAS M. GILMARTIN, PLAINTIFFS-APPELLANTS, v. JOHN ROACH, JR., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 5, 1961.

Attorney(s) appearing for the Case

Mr. Charles W. Hutchinson argued the cause for appellants (Messrs. Lamb, Langan and Blake, attorneys).

Mr. Thomas L. Morrissey argued the cause for respondent (Messrs. Carpenter, Bennett and Morrissey, attorneys; Mr. John C. Heavey, Jr., and Mr. Laurence Reich, on the brief).

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

In November 1959 defendant was elected Mayor of the Town of Dover and also a member of the Board of Chosen Freeholders of Morris County. On January 1, 1960 he was inducted into the office of mayor and on the following day he entered office as a member of the governing body of the county. The issue is whether he may hold both posts notwithstanding the common-law bar ...

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