Mayor of Newark v. State
Supreme Court of New Jersey
Error to the Supreme Court. A certain ordinance of the mayor and common council of the city of Newark, laying out a new street, to be called McWhorter street, was passed, tenth of August, 1857, and on the nineteenth-, of same year, another ordinance was passed to grade and curb said new street, and to assess the expense of such improvement in the mode provided in their charter.
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Error to the Supreme Court. A certain ordinance of the mayor and common council of the city of Newark, laying out a new street, to be called McWhorter street, was passed, tenth of August, 1857, and on the nineteenth-, of same year, another ordinance was passed to grade and curb said new street, and to assess the expense of such improvement in the mode provided in their charter. The assessment was made bn the sixth of May, 1860. Some persons owning property which was assessed, brought the assessment and proceedings into the Supreme Court by certiorari, where they were declared illegal and set…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
By an act, approved twentieth of March, 1857, the legislature vested in a board of commissioners to be appointed by the mayor and common council of Newark, the authority to lay out streets in that city. In *455the case of The State v. Newark, 4 Dutcher 491, it was held, on grounds which appear fully to warrant the conclusion that by the force of this statute the corporate authorities were entirely stripped of all power over the subject confided to the tribunal thus newly organized, and, in accordance with such view, an ordinance passed by…
2Cases cited2 opinions
- Hartwell v. RootNew York Supreme Court · 1822
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
3Cited by1 opinion
- Bd. of Chosen Freeholders, Passaic v. CimorelliNew Jersey Superior Court Appellate Division · 1952