Legal Opinion

In re Low

Supreme Court of New Jersey

Decided October 14, 1915PublishedCited by 3 opinions

On petition and order. This is a proceeding under “An act providing for decreeing and making known that certain laws and joint resolutions have become inoperative and void.” Pamph. L. 1873, p. 27; Comp. Stat., p. 4978. The object of" the proceeding is to have it judically determined that chapter 351 of the laws of 1915 was not duly passed by both houses of the legislature or duly approved as required by the constitution of this state.

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On petition and order. This is a proceeding under “An act providing for decreeing and making known that certain laws and joint resolutions have become inoperative and void.” Pamph. L. 1873, p. 27; Comp. Stat., p. 4978. The object of" the proceeding is to have it judically determined that chapter 351 of the laws of 1915 was not duly passed by both houses of the legislature or duly approved as required by the constitution of this state. Chapter 351 of the laws oí 1915, as filed by the secretary of state in bis office and as printed in. tbe pamphlet laws of 1915, on page 657, is “An act to…

1Opinion of the Court

The opinion of the court was delivered by

Garrison, J.

The case of Pangborn v. Young was decided by this court at the June term, 1866 (32 N. J. L. 29). That case decided that where an act of the legislature duly authenticated as such was on file in the office of the secretary of state, an exemplification of such act in due form was conclusive evidence of its existence and contents and that it was not competent for the courts to go behind such attestation or to receive the evidence of the journals of the two houses to show that the law as actually passed was variant from that on file in the…

2Cited by3 opinions

  1. In Re the Alleged Nullity of "An Act Concerning Alcoholic Beverages, & Supplementing Chapter One of Title 33 of Revised Statutes,"Supreme Court of New Jersey · 1943
  2. In Re Application of McGlynnNew Jersey Superior Court Appellate Division · 1959
  3. In Re BorgSupreme Court of New Jersey · 1939

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