# Fitch v. Smith

> Supreme Court of New Jersey · February 15, 1895 · 57 N.J.L. 526

URL: https://www.frixlaw.com/law-library/cases/8060847

## Case

- **Full name:** RUSSELL M. FITCH v. ALEXANDER SMITH
- **Court:** Supreme Court of New Jersey
- **Decided:** February 15, 1895
- **Citations:** 57 N.J.L. 526; 28 Vroom 526; 34 A. 1058; 1895 N.J. Sup. Ct. LEXIS 84
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Dixon
- **Judges:** Dixon
- **Cited by:** 3 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/8060847

## Opinion text

The opinion of the court was delivered by
Dixon, J.
Assuming for present purposes that the position of principal' of a public school is, as the relator insists, *530 a public office, still it appears that when the relator was chosen to that office by the former board of trustees, the office was held by an incumbent whose-term would not end until after the expiration of that board and the organization of a new board pursuant to the act of May 25th, 1894. Pamph. L., p. 506. Such a choice could give the relator no title to the office, as the power of appointment belonged to the board which would be in existence when the office became vacant. Bownes v. Meehan, 16 Vroom 189 .
There is nothing in the letter of the county superintendent which can entitle the relator to the remedy now sought. Buren v. Albertson, 25 Vroom 72 .
Leave to file an information in the nature of quo warranto should be denied, and the rule to show cause is discharged, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8060847. Public record. Not legal advice.