# Penter v. Tipping

> Supreme Court of New Jersey · January 20, 1932 · 10 N.J. Misc. 119

URL: https://www.frixlaw.com/law-library/cases/7292323

## Case

- **Full name:** GUSTAV PENTER, RELATOR v. ROBERT S. TIPPING AND BOARD OF CHOSEN FREEHOLDERS OF BERGEN COUNTY
- **Court:** Supreme Court of New Jersey
- **Decided:** January 20, 1932
- **Citations:** 10 N.J. Misc. 119; 158 A. 115; 1932 N.J. Sup. Ct. LEXIS 314
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Cubiam
- **Judges:** Cubiam
- **Cited by:** 0 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/7292323

## Opinion text

Pee Cubiam.
This case is presented on demurrer to the return of the board of chosen freeholders of Bergen county to an alternative writ of mandamus requiring that body to deduct from the monthly compensation of one Penter three per cent, of his salary toward the creation of a pension fund as provided by chapter 104, laws of 1929, and to appropriate of its own funds an equal amount for such purpose or show cause to the contrary.
The return of the board is to the effect that no demand has been made by the relator. It also denies that the relator is eligible to participate in such pension fund.
The return obviously raises questions of fact which cannot be determined by the court on demurrer.
The demurrer is therefore overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7292323. Public record. Not legal advice.