# Fraser v. State Board of Education

> Supreme Court of New Jersey · April 30, 1945 · 133 N.J.L. 15

URL: https://www.frixlaw.com/law-library/cases/3568463

## Case

- **Full name:** Thomas A. Fraser Et Al., Prosecutors, v. State Board of Education and Board of Education of the City of Jersey City in the County of Hudson, a Corporation, Respondents
- **Court:** Supreme Court of New Jersey
- **Decided:** April 30, 1945
- **Citations:** 133 N.J.L. 15; 42 A.2d 269; 1945 N.J. Sup. Ct. LEXIS 130
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Bodine
- **Judges:** Bodine, Bobine, Porter
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3568463

## Opinion text

The op inion of the court was delivered by
Bodine, J.
A writ was allowed in this case for the determination of two questions. 132
N. J. L.
248.
1. Do teachers in a school system, who have acquired tenure, have a right to the increases provided by an existing- salary schedule when the time for such increases occur? We think not. If the reasoning in
Greenway
v.
Board of Education of Camden,
129
N. J. L.
461, is somewhat extended, as we think it should be, board action is necessary to implement every increase.
2. May the recommendation by the persons named in the schedule be arbitrarily withheld ? We can find nothing in the proofs beyond inaction. There is nothing to indicate that it was arbitrary. To decide otherwise it is admitted would necessitate overruling the reasoning in the Greenway case,
supra.
This we cannot do.
The judgment of the State Board of Education will be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3568463. Public record. Not legal advice.