Hurley v. Inhabitants of Trenton

The opinion of the court was delivered by

Fort, J.

The prosecutor, a resident and taxpayer of the city of Trenton, seeks, by this writ, to set aside a certain contract of the city council of the city of Trenton, awarded to the Barber Asphalt Paving Company, to repave Bank and East Hanover streets, in said city.

*539The first reason assigned is that no fund exists out of -which to pay the costs and expenses incurred by the contract.

The folloAving agreed fact appears in the record:

“It is further admitted by the counsel for the defendants that, at the time of the making of the contract mentioned in the…