State v. Board of Chosen Freeholders
Supreme Court of New Jersey
• On rule for a mandamus. At the December Term, 1884, of the Court of Oyer and Terminer of Ocean county, an indictment was presented by the grand jury against Elson K. Rockwell and four others, for the murder of James I. Wainwright. The indictment was traversed and came on for trial at the term of January, 1885. The trial was begun on the 20th of January, and concluded on February 27th, resulting in a verdict of guilty of murder of the second degree as against Rockwell.
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• On rule for a mandamus. At the December Term, 1884, of the Court of Oyer and Terminer of Ocean county, an indictment was presented by the grand jury against Elson K. Rockwell and four others, for the murder of James I. Wainwright. The indictment was traversed and came on for trial at the term of January, 1885. The trial was begun on the 20th of January, and concluded on February 27th, resulting in a verdict of guilty of murder of the second degree as against Rockwell. The relator, a counsellor-at-law of this state, was on the 29th of November, 1884, employed by the prosecutor of the pleas…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The first contention against the allowance of this writ is, that there has been no such refusal to pay the balance of the relator’s bill as would lay the foundation for a writ of mandamus. It is not disputed that the resolution of May 11th, 1885, was equivalent to a refusal to pay. The contention is, first, that the meeting of the board on that day was illegal, and, second, that its session was not such a meeting as that an order for the payment of the relator’s bill could then lawfully be made. Hence the argument is that the *420refusal of the…
2Cases cited6 opinions
- People ex rel. Schmittdiel v. Board of AuditorsMichigan Supreme Court · 1865
- People ex rel. Ayres v. Board of SupervisorsNew York Supreme Court · 1852
- People ex rel. McSpedon v. Stout, County TreasurerNew York Supreme Court · 1856
- People ex rel. Hoyt v. Supervisors of KingsCourt for the Trial of Impeachments and Correction of Errors · 1836
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cetrulo v. ByrneSupreme Court of New Jersey · 1960
- Bonnet v. StateNew Jersey Superior Court Appellate Division · 1976
- Zamboni v. StamlerNew Jersey Superior Court Appellate Division · 1985
- In re RuvoldtNew Jersey Superior Court Appellate Division · 1982
- State v. Board of Commissioners of Edmund's CountySouth Dakota Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.