Zahn v. Borough of Rutherford

The opinion of the court was delivered by

Swayze, J.

The writ in this case brings up assessments for curbing and guttering a street in the borough of Ruther*447forcl. The assessments were imposed upon four lots owned by three different persons, who have not a common grievance. The joinder of the three prosecutors was therefore improper. Potter v. Orange, 33 Vroom 192 (at p. 196). We have, nevertheless, considered the questions argued, as no objection to the misjoinder was made by the defendant.

Rutherford is a borough incorporated under the act of 1878. By a supplement to that act passed in 1885…