Legal Opinion

State Ex Rel. Wm. Eckelmann, Inc. v. Jones

Supreme Court of New Jersey

Decided April 24, 1950PublishedCited by 27 opinions

1Opinion of the Court

The opinion of the court was delivered by

Vanderbilt, C. J.

The defendant petitioned for a re-argument of the appeal on two grounds that are of such general interest that we deem it advisable to set forth our views thereon.

The first ground is that this Court, after requesting counsel to argue the point first raised in the respondent’s brief, declined to rule on the constitutionality of B. 8. 40:47-4 because the question had not been raised below.

The appeal here was from a judgment of the-Law Division of the Superior Court, dismissing an information in the nature of a writ of quo warranto. The…

2Cases cited5 opinions

  1. Steiner v. SteinSupreme Court of New Jersey · 1949
  2. State v. GuidaSupreme Court of New Jersey · 1938
  3. Wallach v. SteinSupreme Court of New Jersey · 1927
  4. Gallena v. ScottSupreme Court of New Jersey · 1949
  5. Mulock v. UlizioSupreme Court of New Jersey · 1926

3Cited by27 opinions

  1. Cogdell v. Hospital Center at OrangeSupreme Court of New Jersey · 1989
  2. Mystic Isle Development Corp. v. Perskie & NehmadSupreme Court of New Jersey · 1995
  3. Reynolds Offset Co., Inc. v. SummerNew Jersey Superior Court Appellate Division · 1959
  4. Prevratil v. MohrSupreme Court of New Jersey · 1996
  5. Wellmore Builders, Inc. v. WannierNew Jersey Superior Court Appellate Division · 1958

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