Legal Opinion

State ex rel. Hoos v. O'Donnell

Supreme Court of New Jersey

Decided February 15, 1897PublishedCited by 3 opinions

On mandamus. An application was made in this cause for a mandamus to-be directed to the city clerk of the city of Jersey City, directing him to file the certificate of Edward Hoos as a candidate for the office of mayor of Jersey City, and also to compel the respondent, as such city clerk, to print the ballots for the municipal election in that city.

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On mandamus. An application was made in this cause for a mandamus to-be directed to the city clerk of the city of Jersey City, directing him to file the certificate of Edward Hoos as a candidate for the office of mayor of Jersey City, and also to compel the respondent, as such city clerk, to print the ballots for the municipal election in that city. The first application was granted, and a peremptory mandamus was directed to be issued and the following opinion-filed : Per Curiam. With respect to the duty of the city clerk to receive and file the certificate of nomination we have no…

1Opinion of the CourtGarrison, J.

The question to be decided is-whether “Anací relating to cities of the first class in this state, and providing for the holding of municipal or charter elections therein,, and regulating the terms of-elective and appointive officers therein,” approved March 18th, 1897 (Pamph. L., p. 43), is a constitutional enactment, in view of section-7, article 2, of the-constitution, which forbids the passage by the legislature of any local or special law regulating the internal affairs of towns and counties. Inasmuch as the statute cited is admittedly a regulation of the internal affairs of the cities…

2Cases cited2 opinions

  1. State ex rel. Warner v. HoaglandSupreme Court of New Jersey · 1888
  2. Mortland v. State ex rel. ChristianSupreme Court of New Jersey · 1890

3Cited by3 opinions

  1. State ex rel. O'Hara v. National Biscuit Co.Supreme Court of New Jersey · 1903
  2. State ex rel. Borough of Pleasantville v. Atlantic City & Suburban Traction Co.Supreme Court of New Jersey · 1907
  3. Christiansen v. SaulDistrict Court, D. Alaska · 2020

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