Errington v. Mansfield Tp. Bd. of Ed., Warren County, A--123
| Decision Date | 18 May 1964 |
| Docket Number | No. A--123,A--123 |
| Citation | 200 A.2d 492,42 N.J. 320 |
| Parties | Robert N. ERRINGTON, Plaintiff-Respondent, v. MANSFIELD TOWNSHIP BOARD OF EDUCATION, in the COUNTY OF WARREN, Defendant-Appellant. |
| Court | New Jersey Supreme Court |
Harold A. Price, Morristown, for appellant (Wilbur M. Rush, Washington, attorney).
Robert N. Errington, for respondent, pro se (Robert E. Frederick, Phillipsburg, attorney).
Thomas P. Cook, Princeton, for State Federation of Dist. Bds. of Education, intervening as amicus curiae.
After being subjected to the publication in newspapers of the plaintiff's letters attacking the board of education, the president of the board published a letter which the plaintiff alleges to be defamatory. On November 7, 1962 the plaintiff filed a libel action against Catherine D. Harsha president of the board, and when a majority of the other members of the board adopted a resolution dated November 15, 1962 stating that Mrs. Harsha was acting on behalf of the board and authorizing her legal defense by the board's counsel, the plaintiff filed a libel action against them. On December 13, 1962 a motion was adopted that they also be defended by board counsel. Answers have been filed in both libel actions and they are now awaiting trial.
On February 8, 1963 the plaintiff filed a complaint in lieu of prerogative writ against the board. It alleged that there was no authority for the board to expend public funds in defense of the libel suits and sought a restraint against such expenditures. The Law Division granted summary judgment for the plaintiff and the Appellate Division affirmed. Errington v. Mansfield Tp. Bd. of Ed., 81 N.J.Super. 414, 195 A.2d 670 (1963). We granted certification. 41 N.J. 519, 197 A.2d 567 (1964). The record before us is meagre and the issue presented is of public importance. It appears to us that the sound course would have been to permit the libel actions to proceed to trial and thereafter the issue could have been fairly determined below upon the basis of a full record. Counsel for the board has expressed his agreement that such course now be taken, has represented that the board received reimbursement of its expenditures to date, and has agreed that no public funds would be expended in defense of the libel suits pending ultimate determination of the issue raised in this action.
Reversed and remanded for further proceedings not inconsistent with this opinion.
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Bower v. Board of Educ. of City of East Orange
...Errington v. Mansfield Twp. Bd. of Educ., 81 N.J.Super. 414, 195 A.2d 670 (App.Div.1963), rev'd and remanded on other grounds, 42 N.J. 320, 200 A.2d 492 (1964), decision following remand, 100 N.J.Super. 130, 241 A.2d 271 (App.Div.1968). In Errington, the president of a school board was sued......
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Bower v. Board of Educ. of City of East Orange
...v. Mansfield Township Board of Education, 81 N.J.Super. 414, 195 A.2d 670 (App.Div.1963), rev'd and remanded on other grounds, 42 N.J. 320, 200 A.2d 492 (1964), decision following remand 100 N.J.Super. 130, 241 A.2d 271 (App.Div.1968). In Errington, the president of a local school board, wi......
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... ... Atlantic County ... Decided June 15, 1988 ... Page 424 ... v. Warren Twp., 142 N.J.Super. 103, 361 A.2d 12 ... [Prosser, Law of Torts (4 ed. 1971) at 460-461] ... analogous to the leading case of Errington v. Mansfield Tp. Bd. of Ed., 81 N.J.Super. 414, ... ...
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...As a consequence, the Appellate Division affirmed a summary judgment in favor of the plaintiff. The Supreme Court reversed, 42 N.J. 320, 200 A.2d 492 (1964), and remanded the matter so that a full record could be developed in the libel actions as a basis for decision of the prerogative writ......