State Highway Commission v. Mayor & Board of Aldermen of Dover

The opinion of the court was delivered by

Donges, J.

This appeal brings up a judgment of the Morris County Circuit Court, in favor of the town of Dover against the state highway commission, entered after a trial on appeal by the municipality from an award of commissioners in condemnation proceedings instituted by the highway commission to acquire certain lands of the municipality.

The record does not contain the proceedings prior to the trial on appeal, but contains a stipulation that the papers, orders and steps in procedure which are enumerated in the stipulation are regular in form and…