Supreme Court of New Jersey, 1938

Bd. Education of Seaside Heights v. Shepherd

Bd. Education of Seaside Heights v. Shepherd
Supreme Court of New Jersey · Decided January 26, 1938 · Bodine
196 A. 450; 119 N.J.L. 413; 1938 N.J. LEXIS 290

Bd. Education of Seaside Heights v. Shepherd

Opinion of the Court

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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