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GRAHAM v. CITY OF ASBURY PARK

69 N.J. Super. 256 (1961)

174 A.2d 244

JOHN GRAHAM AND DAVID JONES, PLAINTIFFS-APPELLANTS, v. CITY OF ASBURY PARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1961.

Attorney(s) appearing for the Case

Mr. Roger H. McGlynn argued the cause for appellants (Mr. Charles Frankel, attorney; Mr. McGlynn, of counsel; Mr. McGlynn and Mr. John Russo, on the brief).

Mr. Ascenzio R. Albarelli argued the cause for respondent.

Before Judges CONFORD, FREUND and LABRECQUE.

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

Plaintiffs appeal from a judgment dismissing their complaint for salary, under the provisions of N.J.S.A. 40:46-34, during their suspension while under indictment.

Plaintiffs, John Graham and David Jones, are Asbury Park policemen who, on November 7, 1958, were indicted for misconduct in office. On the same day, they were suspended from duty as police officers by the local City Manager. They were...

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