Roach v. Yellow Cab, Inc.

Supreme Court of New Jersey

Roach v. Yellow Cab, Inc.

160 A. 415, 10 N.J. Misc. 777, 1932 N.J. Sup. Ct. LEXIS 136

DecidedMay 16, 1932

StatusPublished

This text of 160 A. 415 (Roach v. Yellow Cab, Inc.) 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

Roach v. Yellow Cab, Inc., 160 A. 415, 10 N.J. Misc. 777, 1932 N.J. Sup. Ct. LEXIS 136 (N.J. 1932).

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Opinion

Pee Ctjeiam.

The prosecutor of this writ of certiorari was the petitioner in a proceeding before the workmen’s compensation bureau, where he was awarded compensation. Appeal was taken to the Essex County Court of Common Pleas, which found that petitioner was not entitled to compensation. Thereupon this writ of certiorari was allowed, and by its terms it requires the judge of the Court of Common Pleas to certify a certain “decision” of said court. The return does not include any proceedings following the opinion or determination of the Common Pleas judge. No judgment was entered as required by the statute. Section 19, Pamph. L. 1921, p. 734 (2 Cum. Supp. Comp. Stat., p. 3894). Such finding cannot be reviewed upon certiorari. Newark v. Fordyce, 88 N. J. L. 440; 97 Atl. Rep. 67; Clay v. Civil Service Commission, 89 N. J. L. 194; 98 Atl. Rep. 312.

The writ will be dismissed, with costs.

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Pee Ctjeiam.

The prosecutor of this writ of certiorari was the petitioner in a proceeding before the workmen’s compensation bureau, where he was awarded compensation. Appeal was taken to the Essex County Court of Common Pleas, which found that petitioner was not entitled to compensation. Thereupon this writ of certiorari was allowed, and by its terms it requires the judge of the Court of Common Pleas to certify a certain “decision” of said court. The return does not include any proceedings following the opinion or determination of the Common Pleas judge. No judgment was entered as required by the statute. Section 19, Pamph. L. 1921, p. 734 (2 Cum. Supp. Comp. Stat., p. 3894). Such finding cannot be reviewed upon certiorari. Newark v. Fordyce, 88 N. J. L. 440; 97 Atl. Rep. 67; Clay v. Civil Service Commission, 89 N. J. L. 194; 98 Atl. Rep. 312.

The writ will be dismissed, with costs.

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Bluebook (online)

160 A. 415, 10 N.J. Misc. 777, 1932 N.J. Sup. Ct. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roach-v-yellow-cab-inc-nj-1932.

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