In re Application for Drainage of Lands on Passaic & Dead Rivers

Supreme Court of New Jersey

In re Application for Drainage of Lands on Passaic & Dead Rivers

35 N.J.L. 511

DecidedJune 15, 1872

StatusPublished

This text of 35 N.J.L. 511 (In re Application for Drainage of Lands on Passaic & Dead Rivers) 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

In re Application for Drainage of Lands on Passaic & Dead Rivers, 35 N.J.L. 511 (N.J. 1872).

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Opinion

The opinion of the court was delivered by

Bedle, J.

Although the notices in this matter, as in the others between Lower Chatham and Little Falls, just decided, are insufficient, yet a remonstrance has been presented, with an affidavit that the same is signed by the owners of a majority of the lands. If such is the fact, we cannot disregard it, notwithstanding if the fact were otherwise we would be obliged to require other notices. If the notices have been sufficient to procure a proper remonstrance, we must refuse to make the appointment of commissioners under these proceedings. A rule will be granted the applicants, if desired, to take affidavits on the question whether the remonstrance is signed by the owners of a majority of the lands. No further action will be taken until that fact is determined

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The opinion of the court was delivered by

Bedle, J.

Although the notices in this matter, as in the others between Lower Chatham and Little Falls, just decided, are insufficient, yet a remonstrance has been presented, with an affidavit that the same is signed by the owners of a majority of the lands. If such is the fact, we cannot disregard it, notwithstanding if the fact were otherwise we would be obliged to require other notices. If the notices have been sufficient to procure a proper remonstrance, we must refuse to make the appointment of commissioners under these proceedings. A rule will be granted the applicants, if desired, to take affidavits on the question whether the remonstrance is signed by the owners of a majority of the lands. No further action will be taken until that fact is determined

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Bluebook (online)

35 N.J.L. 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-application-for-drainage-of-lands-on-passaic-dead-rivers-nj-1872.