Intrastate Oil Co. v. Board of Commrs., Orange

Supreme Court of New Jersey

Intrastate Oil Co. v. Board of Commrs., Orange

168 A. 269, 111 N.J.L. 354, 1933 N.J. LEXIS 357

Supreme Court of New Jersey·Decided September 27, 1933·Published

Opinion

The opinion of the court was delivered by

Bodine, J.

The relator attempts to have us review an order of the Supreme Court discharging a rule to show cause why mandamus should not issue to compel the issuance of a building permit and a license for the erection of a gasoline service station.

Since the constitutionality of a statute is not involved, the Supreme Court’s refusal of mandamus is not reviewable in this court. Matlack v. Lloyd, 82 N. J. L. 739; Camden v. Public Service Railway Co., 84 Id. 309.

The appeal must be dismissed.

For dismissal — The Chancellor, Chief Justice, Trenohard, Case, Bodine, Donges, Perskie, Van Buskirk, Kays, Heteield, Dear, Wells, Dill, JJ. 13.

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The opinion of the court was delivered by

Bodine, J.

The relator attempts to have us review an order of the Supreme Court discharging a rule to show cause why mandamus should not issue to compel the issuance of a building permit and a license for the erection of a gasoline service station.

Since the constitutionality of a statute is not involved, the Supreme Court’s refusal of mandamus is not reviewable in this court. Matlack v. Lloyd, 82 N. J. L. 739; Camden v. Public Service Railway Co., 84 Id. 309.

The appeal must be dismissed.

For dismissal — The Chancellor, Chief Justice, Trenohard, Case, Bodine, Donges, Perskie, Van Buskirk, Kays, Heteield, Dear, Wells, Dill, JJ. 13.

Intrastate Oil Co. v. Board of Commrs., Orange, 168 A. 269, 111 N.J.L. 354, 1933 N.J. LEXIS 357 (N.J. 1933).

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168 A. 269 (Intrastate Oil Co. v. Board of Commrs., Orange) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.