Clark v. Board of Education
Supreme Court of New Jersey
On appeal from two orders of the court of chancery advised by Yiee-Chancellor Garrison. The board of education of the city of Bayonne had taken preliminary steps for the erection of a school building. The contract was about to be awarded when the complainants, taxpayers of Bayonne, applied to a justice of the supreme court for a unit of certiorari to test the legality of the proceedings of the board.
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On appeal from two orders of the court of chancery advised by Yiee-Chancellor Garrison. The board of education of the city of Bayonne had taken preliminary steps for the erection of a school building. The contract was about to be awarded when the complainants, taxpayers of Bayonne, applied to a justice of the supreme court for a unit of certiorari to test the legality of the proceedings of the board. The rule was granted with a stay, testimony taken, the proceedings affirmed and judgment entered in the supreme court affirming the proceedings and dismissing the writ. A writ of error was sued…
1Opinion of the Court
Upon the case as stated above, the opinion of the court was delivered by
Dill, J.
The dismissal by the court of chancery does not, as the respondent argues, affect the appellant’s 'right to proceed in this court, and accordingly this appeal brings up for review - two chancery orders; the first denying the motion of the defendant *328herein to dismiss the bill of complaint on the grounds of absence of jurisdiction, want of equity and the insufficiency of the bill; the second restraining the defendant herein from proceeding under the judgment in the supreme court pending an application to this court…
2Cases cited3 opinions
- Crim v. HandleySupreme Court of the United States · 1877
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1855
3Cited by8 opinions
- Fort Orange Barbering Co. v. New Haven Hotel Co.Supreme Court of Connecticut · 1917
- Second National Bank of Phila. v. ThompsonNew Jersey Court of Chancery · 1947
- Mobile & Birmingham R. R. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1914
- Commercial Trust, C., Bank v. HamiltonNew Jersey Court of Chancery · 1926
- Falcon B. L. Assn. v. SchwartzNew Jersey Court of Chancery · 1936
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