Legal Opinion

State v. Board of Chosen Freeholders

Supreme Court of New Jersey

Decided June 15, 1890PublishedCited by 3 opinions

On certiorari. The board of chosen freeholders of the county of Hunter-don presented to the Chief Justice a certificate that it was unable to agree with the board of chosen freeholders of the-county of Somerset as to the location of a bridge proposed to-be erected across a part of a stream known as the South branch of the Raritan river, said stream being the dividing line between said counties, and the Chief Justice fixed a time- and place for a summary inquiry into the…

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On certiorari. The board of chosen freeholders of the county of Hunter-don presented to the Chief Justice a certificate that it was unable to agree with the board of chosen freeholders of the-county of Somerset as to the location of a bridge proposed to-be erected across a part of a stream known as the South branch of the Raritan river, said stream being the dividing line between said counties, and the Chief Justice fixed a time- and place for a summary inquiry into the matter in dispute and directed a copy of his order to be served on the director of the Somerset board. At the time and place…

1Opinion of the Court

The opinion of the court was delivered by

Magie, J.

The order brought up by this writ is assailed as made without jurisdiction.

If power to make such an order exists, it is conceded that it must be found in the supplement to the Bridge act, approved March 5th, 1884. Pev. Sup., p. 66.

By the provisions of that supplement it is made lawful for one or both of two boards of chosen freeholders, who shall be unable to agree as to the location or character of any bridge proposed to be erected at their joint expense; or as to the materials of which such bridge shall be constructed ; or as to whether a…

2Cases cited1 opinion

  1. In re ClevelandSupreme Court of New Jersey · 1889

3Cited by3 opinions

  1. In re the Maintenance & Ownership of the Newark Plank Road & BridgesNew Jersey Court of Chancery · 1902
  2. Moreau v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1902
  3. Mayor of New Brunswick v. McCannSupreme Court of New Jersey · 1906

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