TaiLexi AI U.S. Case Law

Byrne v. City of Wildwood

JOHN T. BYRNE, PROSECUTOR v. THE CITY OF WILDWOOD, IN THE COUNTY OF CAPE MAY, AND JOHN HARRIS

Byrne v. City of Wildwood, 112 A. 305 (N.J. 1921)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of New Jersey · State Highest Courts
Decided
January 3, 1921
Judges
Black, Pahkhii, Swayzb, Swayze
Citations
112 A. 30595 N.J.L. 28710 Gummere 2871921 N.J. Sup. Ct. LEXIS 99
Headnotes
The governing body of a municipality may employ special counsel to defend litigation for the city, but may not under that guise take out of the hands of the city counsel any particular case or class of cases and confide their management to others.
Summary
On certiorari.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Swayze

Text extracted by OCR from a scanned original; check the original for exact wording.

The opinion of the court was delivered by Swayze, J.

The question involved is the right of tire commission of Wildwood to employ special counsel in litigation. By the resolution fixing his salary, the city solicitor is required to draw all ordinances and contracts or pass upon the same before action is taken thereon and give such legal advice as may be required by the board of commissioners. The rule that governs the present case is that established by the Court of Errors and Appeals in State, Hoxsey, v. Paterson, 39 N. J. L. 72. This justifies the employment of associate counsel in defending suits in which the city is interested, but does not allow the city commission under the *288 guise of such employment to withdraw and take out of the hands of the city counsel any particular case or classes of cases and to confide their management to others.

The resolution now under review was that John Harris be employed to defend certain writs of certioraii for the city. This seems to be limited to the writs of certiorari specified and is work not covered by the resolution fixing the salary of the city counsel. We think the employment of Harris was within the powers of the city commission.

Let the writ be dismissed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1922: 11937: 21960: 11971: 11975: 119222026peak 1937 · 2

Relies on it most ⓘ

  1. Pillsbury v. Freeholders Cty. of Monmouth337 A.2d 632 (N.J. Super. Ct. App. Div. 1975)
  2. Krahmer v. McClafferty282 A.2d 631 (Del. Super. Ct. 1971)
  3. Evanko v. Duff164 A.2d 841 (N.J. Super. Ct. App. Div. 1960)
  4. Osborne v. Murphy194 A. 551 (N.J. 1937)
  5. City of Providence v. Laurence116 A. 664 (R.I. 1922)
  6. Stout v. City of Bayonne194 A. 242 (N.J. 1937)

Most recent

  1. Pillsbury v. Freeholders Cty. of Monmouth337 A.2d 632 (N.J. Super. Ct. App. Div. 1975)
  2. Krahmer v. McClafferty282 A.2d 631 (Del. Super. Ct. 1971)
  3. Evanko v. Duff164 A.2d 841 (N.J. Super. Ct. App. Div. 1960)
  4. Osborne v. Murphy194 A. 551 (N.J. 1937)
  5. Stout v. City of Bayonne194 A. 242 (N.J. 1937)
  6. City of Providence v. Laurence116 A. 664 (R.I. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list