St. Vincent's Church v. Council of Madison
Supreme Court of New Jersey
On certiorari. The prosecutor owns a tract of land in Madison, Morris county, having a three hundred and fifty feet .front on Green Village road. It has an average depth of five hundred feet, hut is separated from Wilmer street by a tract of land one foot in width, owned by Alice L. Green. Over this strip of one foot the prosecutor has no easement or right.
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On certiorari. The prosecutor owns a tract of land in Madison, Morris county, having a three hundred and fifty feet .front on Green Village road. It has an average depth of five hundred feet, hut is separated from Wilmer street by a tract of land one foot in width, owned by Alice L. Green. Over this strip of one foot the prosecutor has no easement or right. In March, 1912, the borough of Madison directed the commissioners of assessment to make “a just and equitable assessment” for the purpose of constructing a sewer in Wilmer street. The preliminary steps being observed, they filed their…
1Opinion of the Court
*133The opinion of the court was delivered by
Voorhees, J.
The defendants object to- the writ because allowed too late, under section 92 of the Borough act. It appears that the application for the writ was upon a rule to show cause, dated November 21st, 1913, and under Cook v. Allendale, 50 Vroom 285, was within the statutory period.
The fact that the land in question is non-assessable for a sewer in Wilmer street is the reliance of the prosecutor who, with other cases, cites as sustaining this position Morris v. Bayonne, 24 Vroom 299. This case announces the old rule that there must be ground of a…
2Cases cited3 opinions
- Mayor of Newark v. HattSupreme Court of New Jersey · 1910
- State v. Mayor of BayonneSupreme Court of New Jersey · 1891
- Cook v. Borough of AllendaleSupreme Court of New Jersey · 1910