Siciliano v. Township of Neptune
Supreme Court of New Jersey
On certiorari. The prosecutor has procured to be allowed two writs of ■certiorari, each removing an ordinance jmssed by the town■ship committee of the township of Neptune entitled “An 'Ordinance requiring licenses for.delivery automobiles, motor trucks, motor vehicles and express wagons, fixing fees therefor, and penalties for using the same without such licenses, in the township' of Neptune, in the county of Monmouth.”
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On certiorari. The prosecutor has procured to be allowed two writs of ■certiorari, each removing an ordinance jmssed by the town■ship committee of the township of Neptune entitled “An 'Ordinance requiring licenses for.delivery automobiles, motor trucks, motor vehicles and express wagons, fixing fees therefor, and penalties for using the same without such licenses, in the township' of Neptune, in the county of Monmouth.” The return to one of the writs sets forth the ordinance and the proceedings of the township committee in passing it. The return to the other writ shows a complaint made before…
1Opinion of the Court
The opinion of the court was delivered by
Voorhees, J.
The return to the writ which removes^ the proceedings of the township committee, relating to the passage of the ordinance, shows no conviction or proceedings to enforce the ordinance against the prosecutor. Mo irregularities in its passage have been pointed out. Under the authority of Rosencrans v. Eatontown, 51 Vroom 227, the ordinance can be adjudged to be void, before conviction and before action to enforce it has terminated in a judgment, only where it appears that it is void in toto. The reasons assigned do not present a case of that…
2Cases cited1 opinion
- Rosencrans v. Township of EatontownSupreme Court of New Jersey · 1910
3Cited by4 opinions
- State v. CrossonIdaho Supreme Court · 1920
- Gurland v. Town of KearnySupreme Court of New Jersey · 1942
- Park City v. DanielsUtah Supreme Court · 1915
- Heetner v. City of NewarkSupreme Court of New Jersey · 1934