Hudson & Manhattan Railroad v. Mayor of Hoboken

The opinion of the court was delivered by

Gakkísoh, J.

Two wilts of certiorari bring up two several convictions of the prosecutor for the violation of two sections of the ordinances of the city of Hoboken, viz., section 140 and section 180. Inasmuch as the facts upon which the convictions rest and the legal grounds of defence urged are the same in each instance the two cases may be conveniently treated together.

Section 140 imposes a penalty upon any person who shall make an excavation in any street without first obtaining a permit therefor from the city authorities. The granting of a permit,…