5 N.J. Misc. 326 | N.J. | 1927
This is an appeal by the plaintiff from a judgment of non-suit entered in the Hudson County Court of Common Pleas. The plaintiff was employed by the county as a quarryman, at a salary of $100 a month, and was assigned to work in the quarry of the county located at Snake Hill, his work being
Our consideration of the case leads us to the conclusion that the nonsuit was properly directed. Assuming, for the purpose of the decision, that a municipality cannot suspend or discharge a person holding a position or having an employment under the municipal government without first taking the steps provided in our Civil Service act, even though the action of the municipal body is taken for the purpose of avoiding the unnecessary expenditure of municipal funds, that act alone will not entitle the discharged employe to bring an action to recover his unpaid salary or wages. As was pointed out by this court in the case of VanSant v. Atlantic City, 68 N. J. L. 449, the official or body “charged with the duty of discharging an employe or person holding a position is acting judicially when so doing. His action is subject to review, and may be reversed. Hntil reversed, it stands. Whether there was or was not a proper proceeding for dismissal oannot be inquired into collaterally. It must be reversed by a direct proceeding to set aside the illegal removal before suit for salary can be maintained, or by a mandamus to compel the municipality to restore his position or employ
The judgment under review will be affirmed.