Dubelbeiss v. Town of West Hoboken
Supreme Court of New Jersey
On motion to strike from the files a rule for judgment in certiorari made by a single justice at chambers after hearing before him, pursuant to section 5 of the Certiorari act, or if such motion be denied, then to review such rule for judgment and set aside the same on the merits.
1Opinion of the Court
The opinion of the court was delivered by
Parker, J.
The principal point of attack in this proceeding is section 5 of the Certiorari act of 1903 (Pamph. L., p. 343), which is challenged as unconstitutional on the ground that it delegates to a single justice who may be selected by a party, the prerogative jurisdiction in certiorari that may be exercised only by the court itself. Just what constitutional provision is infringed by this enactment is not indicated.
Section 5, first enacted in 1903, after prescribing the time within which reasons must be filed, provides that “after reasons filed…
2Cases cited4 opinions
- Key v. PaulSupreme Court of New Jersey · 1897
- Foley v. Brunswick Traction Co.Supreme Court of New Jersey · 1903
- Fishblatt v. Atlantic CitySupreme Court of New Jersey · 1910
- Mayor of New Brunswick v. McCannSupreme Court of New Jersey · 1906
3Cited by1 opinion
- Dubelbeiss v. Town of West HobokenSupreme Court of New Jersey · 1912