Newark Ledger Publishing Co. v. Common Council
This text of 48 A. 1020 (Newark Ledger Publishing Co. v. Common Council) 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.
Opinion
The opinion of the court was delivered by
This was a certiorari to remove a resolution passed by the common council of the city of Newark, August 3d, 1900, which was as follows: “Moved, that the ‘Newark Ledger’ be dropped from the list of corporation papers of the city of Newark.”
The “Newark Ledger” had been made a corporation paper, by a resolution duly passed and approved by the mayor, in June, 1898.
The motion under review is a resolution; it was never approved by the mayor, nor returned with his objections and passed by a two-thirds vote of the council, as required by the city charter (section 30). Nothing has been done to give effect to it. It cannot take effect until signed by the mayor, or passed over his veto.
It is not invalid, but only ineffective, for lack of the mayor’s signature, or vote of the common council over his veto.
Let the certiorari be dismissed, without costs.
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Cite This Page — Counsel Stack
48 A. 1020, 66 N.J.L. 184, 1901 N.J. Sup. Ct. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newark-ledger-publishing-co-v-common-council-nj-1901.