Essen v. City of Cape May

Supreme Court of New Jersey

Essen v. City of Cape May

60 A. 1131, 72 N.J.L. 433, 43 Vroom 433, 1905 N.J. Sup. Ct. LEXIS 73

DecidedJune 12, 1905

StatusPublished

This text of 60 A. 1131 (Essen v. City of Cape May) 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.

Bluebook

Essen v. City of Cape May, 60 A. 1131, 72 N.J.L. 433, 43 Vroom 433, 1905 N.J. Sup. Ct. LEXIS 73 (N.J. 1905).

Pincite

Opinion

The opinion of the court was delivered by

Garrison, J.

This writ of certiorari brings up a resolution of the city council of the city of Cape May granting to the Cape May, Delaware Bay and Sewell's Point Railroad Company permission to move its motors and cars longitudinally on Ocean street, over a route particularly described in the said resolution.

This resolution prescribes the manner in which a corporation shall exercise a privilege in the use of a highway of the city of Cape May, and under the charter of that city should be by ordinance and not by a mere resolution. Pamph. L. 1875, p. 214. Cape May Railroad- Co. v. Cape May, 29 Vroom 565; S. C., 30 Id. 393; S. C., 31 Id. 224.

The objection that as property owners the two- prosecutors are improperly joined was not raised by any motion, and hence has not been considered. As residents and taxpayers, which they are, the prosecutors may lawfully join.

The resolution is set aside, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI