Wright v. Board of Excise

The opinion of the court was delivered by

Garrison, J.

This certiorari brings up a license to keep an inn and tavern at 201 Spring street, Elizabeth, granted by the board of excise of that city. The validity of the license is contested upon the ground that 201 Spring street is within two hundred feet of a church edifice. The writ is prosecuted officially on behalf of this church.

When this question was brought before us on a previous occasion by private prosecutors the testimony adduced by them failed to satisfy us as to the applicability of chapter 21 of the laws of 1905 {Pamph. L., p. 42), for…