Schwarz v. Mayor of Dover

The opinion of the court was delivered by

Pitney, J.

This writ of certiorari brings under review an ordinance, adopted by the common council of Dover May 13th, 1901, for establishing a board of excise commissioners in that town, under the authority of the act of March 21st, 1901, entitled “An act to establish an excise department in incorporated towns and cities of this state.” Pamph. L. 1901, p. 239. The writ was allowed in April, 1902, and was directed to the mayor, recorder, aldermen and common eouneilmen of Dover. The cause was first brought on for argument without joining as parties, or…