Ninth Street Improvement Co. v. City of Ocean

The opinion of the court was delivered by

Minturn, J.

The case presents the following state of facts, as contained in the stipulation of counsel.

Ocean City is a city having less than twelve thousand population, and is operating under an act approved March 24th, 1897, entitled “An act relating to and providing for the government of cities in this state containing a population of less than twelve thousand inhabitants.” Pamph. L. 1897, p. 46. The city has also adopted the Walsh act.

The Minth. Street Improvement Company was incorporated May 31st, 1916, the certificate being recorded in tlie clerk’s…