Legal Opinion
Koven v. Stanley
Supreme Court of New Jersey
Decided May 31, 1913PublishedCited by 7 opinions
On quo warranto.
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The error in entitling the cause in the name of the state instead of in the name of the attorney-general is purely formal and may be amended.
The first question is the right to proceed by quo warranto before appealing to the commissioner of education and the state board. It is well settled that ordinarily the prerogative writs of the state will not be allowed until the remedy under *447the School law has been exhausted. The rule was accurately stated by Mr. Justice Garrison in Jefferson v. Board of Education, 35 Vroom 59. He said: “The erection of…
2Cases cited1 opinion
- State ex rel. Jefferson v. Board of EducationSupreme Court of New Jersey · 1899
3Cited by7 opinions
- Central RR Co. v. NeeldSupreme Court of New Jersey · 1958
- Waldor v. UntermannNew Jersey Superior Court Appellate Division · 1950
- Baldwin Const. Co. v. ESSEX COUNTY BD. OF TAX.New Jersey Superior Court Appellate Division · 1952
- McCall v. CullArizona Supreme Court · 1938
- Gualano v. BD., ESTIMATE OF ELIZABETH SCHOOL DIST.New Jersey Superior Court Appellate Division · 1962
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