Opinion

Bd. Education of Seaside Heights v. Shepherd

  • 119 N.J.L. 413
  • 196 A. 450
  • 1938 N.J. LEXIS 290
Court
Supreme Court of New Jersey
Filed
Jan 26, 1938
Status
Published
Author
Bodine
On the bench
Bodine
Cited by
0 cases

The opinion

The opinion of the court was delivered by

Bodine, J.

The appeal is from a judgment in the Supreme Court affirming the findings by the state board of education that Isaiah A. Shepherd held the position of school janitor in the borough of Seaside Heights for an indefinite term and was protected by the Janitors’ Tenure act

(Pamph. L.

1911,

ch.

44,

p.

67); and further that his dismissal was without cause, in that he was charged with a violation of rules of the board of education so recently adopted that he had not been apprised thereof. The issues being purely factual cannot be disturbed in this court, since there was evidence before the Supreme Court to support them. “The attack is on findings of fact, * * * by the Supreme Court, it is, on well settled principles not cognizable here if there was any evidence to support those findings.

Moran

v.

Jersey City,

58

N. J. L.

653;

Suburban Land Co.

v. Vailsburgh, 68

Id.

311;

Kohn

*414

v.

Tilt,

103

Id.

110.”

Ford Moror Co.

v. Fernandez, 114

N. J. L.

202, 204.

The judgment under review will be affirmed, with costs.

For affirmance

— The Chancellor, Chief Justice, Case, Bodine, Heher, Perskie, Hetfielb, Dear, Wells, WolfsKeil, Rafferty, Walker, JJ. 12.

For reversal

— Rone.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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