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REILLY v. OZZARD

33 N.J. 529 (1960)

166 A.2d 360

THOMAS S. REILLY AND STATE OF NEW JERSEY, EX REL. THOMAS S. REILLY, PLAINTIFFS-APPELLANTS, v. WILLIAM E. OZZARD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 5, 1960.

Attorney(s) appearing for the Case

Mr. George J. Shamy and Mr. Richard H. Thiele, Jr. argued the cause for appellants (Messrs. Pincus, Shamy & Sheehan, attorneys; Mr. Richard H. Thiele, Jr. and Mr. Robert W. Hallgring, on the brief).

Mr. Leon Gerofsky argued the cause for respondent (Messrs. Gerofsky & Bowlby, attorneys).

Mr. Walter H. Jones argued the cause for New Jersey Senate and New Jersey Assembly, amici curiae.

Mr. Samuel Rosenblatt argued the cause for New Jersey Institute of Municipal Attorneys, amicus curiae (Mr. Samuel Rosenblatt and Mr. Nicholas H. Hagoort, Jr., on the brief).

The opinion of the court was delivered by WEINTRAUB, C.J.

The ultimate question is whether the common law doctrine prohibiting dual holding of incompatible offices bars a member of the State Senate from holding the post of township attorney. The trial court held the doctrine inapplicable. We certified the ensuing appeal upon our motion before the Appellate Division acted upon it.

I.

We must first consider...

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