Albert v. Caldwell

• Decision Date: 12 March 1941
• Docket Number: No. 216.,216.
• Citation: 18 A.2d 623,126 N.J.L. 125
• Parties: ALBERT et al. v. CALDWELL et al.
• Court: New Jersey Supreme Court

18 A.2d 623

126 N.J.L. 125

ALBERT et al.

v. CALDWELL et al.

No. 216.

Supreme Court of New Jersey.

March 12, 1941.

Certiorari proceeding by Frank J. Albert and others against Maurice H. Caldwell and others. Writ dismissed.

See, also, 123 NJ.L. 266, 8 A.2d 700.

Argued October term, 1940, before CASE, DONGES, and HEHER, JJ.

Lord & Lord, of Newark (William A. Lord and William A. Lord, Jr., both of Newark, of counsel), for prosecutors.

Edmond J. Dwyer, of Newark (Joseph F. Zeller, of Newark, of counsel), for defendant Maurice H. Caldwell, Director, etc.

David T. Wilentz, Atty. Gen. (Harry A. Walsh, Asst. Atty. Gen., of counsel), for defendant Civil Service Commission.

HEHER, Justice.

This case is ruled by DeStefano v. Civil Service Commission, decided this day, 126 NJ.L. 121, 18 A.2d 621.

Pursuant to published notices given on September 30 and October 7, 1938, the Civil Service Commission conducted tests for the office of patrolman on October 17, 1938, and April 28, 1939—the physical examination on the former date, and the mental on the latter. The register of eligibles was promulgated on October 24, 1939. On November 1, 1939, two appointments were made from the list thus established. The appointees were also chancemen. On June 15, 1940, a third appointment was made from the list of one who did not have the status of chanceman; and this writ was sued out on June 22, 1940. This constituted an inexcusable delay under the doctrine of the cited case.

The writ is accordingly dismissed, but without costs.