State v. Board of Township Committee
Supreme Court of New Jersey
On certiorari. This cause was heard upon the following statement of facts agreed upon by the respective attorneys: First.
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On certiorari. This cause was heard upon the following statement of facts agreed upon by the respective attorneys: First. Davis avenue was originally opened, graded, guttered and flagged, so far as the work was done, by virtue of an ordinance passed January 15th, 1874, by board of township committee of township of Kearny, which ordinance was passed by virtue of an act entitled “ An act for the improvement of the township of Kearny, in the county of Hudson, and to increase the powers of the township committee in said township.” Pamph. L. 1871, p. 1371. Second. And that an assessment entitled “…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
It is clear that the present assessment cannot rest upon the act of 1881, under which it was supposedly levied.
*127That act provides for an application to the presiding judge of the Circuit Court for the appointment of three freeholders to make an assessment for the costs and expenses of grading, flagging or paving any street or section of a street, in any township or polling district in the state, in two instances :
First. "Where such costs and expenses shall not have been assessed under the act authorizing the work, and cannot now be made under…
2Cited by4 opinions
- Long v. AndersonSupreme Court of Florida · 1904
- Western Union Tel. Co. v. American Bell Tel. Co.U.S. Circuit Court for the District of Massachusetts · 1892
- Hyde Park Lumber Co. v. HuntSupreme Court of Vermont · 1916
- Small v. PetersU.S. Circuit Court for the District of Western Michigan · 1900