Bd. Education of Seaside Heights v. Shepherd

Supreme Court of New Jersey

Bd. Education of Seaside Heights v. Shepherd

196 A. 450, 119 N.J.L. 413, 1938 N.J. LEXIS 290

DecidedJanuary 26, 1938

StatusPublished

This text of 196 A. 450 (Bd. Education of Seaside Heights v. Shepherd) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bd. Education of Seaside Heights v. Shepherd, 196 A. 450, 119 N.J.L. 413, 1938 N.J. LEXIS 290 (N.J. 1938).

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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.

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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.

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Bluebook (online)

196 A. 450, 119 N.J.L. 413, 1938 N.J. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-education-of-seaside-heights-v-shepherd-nj-1938.