State v. Mayor of Newark
Supreme Court of New Jersey
On certiorari to the Circuit Court of Essex county, where-the following opinion was filed by Judge Depue : This ease wTas argued some time ago, and mainly on a question of law, but also on a question as to the amount of the assessment. I have held the papers, not on the first point, because I had no difficulty about that whatever, but because I thought that the assessment was excessive; and the papers that enabled me to consider that matter only came to my hands recently.
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On certiorari to the Circuit Court of Essex county, where-the following opinion was filed by Judge Depue : This ease wTas argued some time ago, and mainly on a question of law, but also on a question as to the amount of the assessment. I have held the papers, not on the first point, because I had no difficulty about that whatever, but because I thought that the assessment was excessive; and the papers that enabled me to consider that matter only came to my hands recently. The question of law that was argued, was with regard to the power of the Circuit Court to set aside an assessment made…
1Opinion of the Court
*346The opinion of the court was delivered by
Garrison, J.
The facts of this case, briefly stated, are these: Upon the application of the city of Newark, three-commissioners were appointed by the Circuit Court to make an assessment upon the owners of all the real estate peculiarly benefited by the widening of Belleville avenue, in that city. Upon the coming in of the report of these commissioners, objections were filed by the prosecutor and others to its confirmation. The Circuit Court ordered that the report be confirmed, except as to said objectors. Afterwards new commissioners were appointed, by…
2Cases cited1 opinion
- Sandford v. Board of Township CommitteeSupreme Court of New Jersey · 1889