Tennant v. City of Jersey

Supreme Court of New Jersey

Tennant v. City of Jersey

8 A.2d 325, 123 N.J.L. 200, 1939 N.J. LEXIS 352

CourtSupreme Court of New Jersey

DecidedSeptember 22, 1939

StatusPublished

Cited by2 cases

This text of 8 A.2d 325 (Tennant v. City of Jersey) 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

Tennant v. City of Jersey, 8 A.2d 325, 123 N.J.L. 200, 1939 N.J. LEXIS 352 (N.J. 1939).

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Opinion

Per Curiam.

This is an appeal from a judgment of the Supreme Court on certiorari that fixed the assessment on the respondent’s land and residence for the tax year of 1936 at $15,000. The record is replete with contradictory evidence and such facts as are undisputed are susceptible of conflicting inferences. The record as a whole presents a close factual situation.

It is a settled rule that findings of fact by the Supreme Court on conflicting evidence, or on uncontroverted evidence reasonably susceptible of conflicting inference, are conclusive on appeal where such findings of fact are based upon competent evidence. Jersey City v. State Water Policy Commission, 118 N. J. L. 72, 77; Dana College v. State Board, &c., 117 Id. 530; West Shore Railroad Co. v. Board of Public Utility Commissioners, 112 Id. 83; Angelotti v. Montclair, 109 Id. 360; Kohn v. Tilt, 103 Id. 110; Collingswood v. Water Supply Commission, 85 Id. 567; Yellow Pine Co. v. State Board of Assessors, 72 Id. 182; Moran v. Jersey City, 58 Id. 653. The finding below is supported by competent proof and such finding is controlling here.

Eor this reason the judgment is affirmed.

For affirmance — The Chancellob, Chief Justice, Paekee, Bodine, Hehee, Peeskie, Hetfield, Deae, Wells, WolfsKeil, Raffebty, Hague, JJ. 12.

For reversal — None.

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Per Curiam.

This is an appeal from a judgment of the Supreme Court on certiorari that fixed the assessment on the respondent’s land and residence for the tax year of 1936 at $15,000. The record is replete with contradictory evidence and such facts as are undisputed are susceptible of conflicting inferences. The record as a whole presents a close factual situation.

It is a settled rule that findings of fact by the Supreme Court on conflicting evidence, or on uncontroverted evidence reasonably susceptible of conflicting inference, are conclusive on appeal where such findings of fact are based upon competent evidence. Jersey City v. State Water Policy Commission, 118 N. J. L. 72, 77; Dana College v. State Board, &c., 117 Id. 530; West Shore Railroad Co. v. Board of Public Utility Commissioners, 112 Id. 83; Angelotti v. Montclair, 109 Id. 360; Kohn v. Tilt, 103 Id. 110; Collingswood v. Water Supply Commission, 85 Id. 567; Yellow Pine Co. v. State Board of Assessors, 72 Id. 182; Moran v. Jersey City, 58 Id. 653. The finding below is supported by competent proof and such finding is controlling here.

Eor this reason the judgment is affirmed.

For affirmance — The Chancellob, Chief Justice, Paekee, Bodine, Hehee, Peeskie, Hetfield, Deae, Wells, WolfsKeil, Raffebty, Hague, JJ. 12.

For reversal — None.

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Bluebook (online)

8 A.2d 325, 123 N.J.L. 200, 1939 N.J. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tennant-v-city-of-jersey-nj-1939.

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