McCullough v. Camden County
| Decision Date | 15 April 1941 |
| Docket Number | No. 229.,229. |
| Citation | 126 N.J.L. 232,19 A.2d 326 |
| Parties | McCULLOUGH et al. v. CAMDEN COUNTY. |
| Court | New Jersey Supreme Court |
Mandamus proceeding by Everett McCullough and others against the County of Camden to compel payment of the relators' salaries as court attendants.
Peremptory writ issued.
Argued January term, 1941, before BODINE and PORTER, JJ.
Carl Kisselman and Meyer L. Sakin, both of Camden, for relators.
Vincent L. Gallaher, of Camden, for respondent.
This decision in this case follows our decision in Luker v. Civil Service Commission, 19 A.2d 325, No. 236 of the present term.
The relators seek mandamus to compel the payment of their salaries as court attendants. All were reinstated after hearing by the Civil Service Commission. They sued for salaries due during the period the sheriff refused to permit them to perform their duties. The answers filed raise the same matters considered by us to have no merit in No. 236 this term. The learned trial Judge in a clear and concise memorandum—a model of excellence—ordered the answers struck and entered judgments for the sums due upon the annual salary basis fixed by the freeholders.
The relators applied for mandamus consolidating their actions. The right being clear mandamus should go to require the raising of revenues, if sufficient funds are not on hand to pay the judgments. Township Committee v. First National Bank, 111 N.J.L. 412, 168 A. 757, 90 A.L.R. 423.
A peremptory writ will issue.
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Ervolini v. Camden County
...of compensation has been settled by this court. Luker v. Civil Service Commission, 126 N.J.L. 229, 19 A.2d 325; McCullough v. County of Camden, 126 N.J.L. 232, 19 A.2d 326. Thus failing to supplant these officers the present plan to reduce their compensation sets on foot another attempt to ......
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Luker v. Civil Serv. Comm'n of N.J.
... ... 19 A.2d 325 ... Syllabus by the Court ... Court attendants placed upon the county's pay roll by the freeholders on the recommendation of the Court of Common Pleas pursuant to ... Certiorari proceeding by Frank B. Luker, Sheriff of the County of Camden, against the Civil Service Commission of the State of New Jersey, County of Camden, and others to ... Sawyer, Edward Campbell, William Levin, Annie Moffet, Everett McCullough, Leonard Forsman, Wilmer Cline, Stephen Wilmer and Kathryn Ervolini in and about the courts of the ... ...