Hartshorne v. Borough of Avon-by-the-Sea

78 N.J.L. 556, 49 Vroom 556

• Court: Supreme Court of New Jersey
• Decided: October 14, 1909
• Status: Published

Opinion

Per Curiam.

We agree with Mr. Justice Swayze, who delivered the opinion for the Supreme Court, that the act found in Pamph. L. 1874, p. 388, was repealed by the constitutional amendment of 1875 requiring properly to be assessed under general laws and by uniform rules, and that because of the same constitutional provision the act found in Pamph. L. 1904, p. 201, cannot revive the act of 1874.

This result renders immaterial the question discussed by the Supreme Court as to the construction of the act of 1874, and we therefore express no opinion upon it.

The judgment under review should be affirmed.

For affirmance — The Chancellor, Chief Justice, Reed, Trenchard, Parker, Bergen, Voorhees, Minturn, Bogert, Vredenburgh, Vroom, Gray, Dill, Congdon, JJ. 14.

For reversal — IsTone.