Finn v. Municipal Council of Clifton

The opinion of the court was delivered by

Freund, J.

The prosecutor appeals from the action of the Supreme Court in dismissing a writ of certiorari and in discharging an order to show cause why a writ of mandamus should not issue, for the reasons that the court below “did not pass upon the legal questions presented” and “the ordinance which was the subject-matter of attack was actually void.”

The prosecutor admits “there may be some question as to the right of the relator to appeal directly to this court upon the dismissal of the rule to show cause why a peremptory writ of mandamus should not…