Township Committee v. Township Committee
Supreme Court of New Jersey
On .rule to show cause why a mandamus should not issue, requiring the township committee of the township of Brick, in the county of Ocean, to meet with the relators, the township committee of the township of Lakewood in said county, and to proceed to divide between said townships the property belonging to and the debts owing by said township of Brick, in accordance with the provisions of section 4 of the “Act to create a new township in the county of Ocean, to be called the…
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On .rule to show cause why a mandamus should not issue, requiring the township committee of the township of Brick, in the county of Ocean, to meet with the relators, the township committee of the township of Lakewood in said county, and to proceed to divide between said townships the property belonging to and the debts owing by said township of Brick, in accordance with the provisions of section 4 of the “Act to create a new township in the county of Ocean, to be called the township of Lakewood,” approved March 23d, 1892. Pamph. L., p. 492.
1Opinion of the Court
*276The opinion of the court was delivered by
Magie, J.
Defendants interpose many objections to the allowance of the mandamus asked for by relators. One objection challenges the right of the legislature to pass the provisions the performance of which relators seek to enforce by the writ.
Such an objection may be considered on an application for mandamus. Pell v. Newark, 11 Vroom 71.
The contention of defendants is that the clauses contained in section 4 of the act in question regulate the internal affairs of the new township of Lakewood, which is claimed to have been created thereby, and also of the…
2Cited by3 opinions
- State ex rel. Wheeler v. StuhtNebraska Supreme Court · 1897
- Bridgewater Twp. v. RaritanNew Jersey Superior Court Appellate Division · 1949
- State v. StoutSupreme Court of New Jersey · 1896