Legal Opinion

Hicks v. Long Branch Commission

Supreme Court of New Jersey

Decided June 15, 1903PublishedCited by 5 opinions

On error to the Supreme Court. The certiorari was heard before Mr. Justice Fort, under a written stipulation of consent, under section 295. of the Practice act, and his opinion was as follows: ' Fort, J. The certiorari in this case brings np a resolution of the Long Branch commission, passed November 24th, 1902. There are but few questions that need to be considered.

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On error to the Supreme Court. The certiorari was heard before Mr. Justice Fort, under a written stipulation of consent, under section 295. of the Practice act, and his opinion was as follows: ' Fort, J. The certiorari in this case brings np a resolution of the Long Branch commission, passed November 24th, 1902. There are but few questions that need to be considered. There is no proof to justify any allegation of fraud or of a palpable abuse of discretion in the board of commissioners in passing the resolution. In awarding contracts, where there are no arbitrary statutory regulations, a…

1Opinion of the Court

The opinion of the court was delivered by

Dixon, J.

On November 17th, 1902, the finance committee -of the Long Branch commissioners submitted to the- commission a proposed contract between that body and the Tintern Manor Water Company, by which the company was to have the exclusive privilege of supplying the commission with water for municipal purposes during a period of. ten years, at stated annual rentals to be paid by the commission. At a meeting of the board on November 24th, Commissioner Van Note offered a resolution directing the president and clerk of the commission to sign and seal the…

2Cases cited2 opinions

  1. Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
  2. Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867

3Cited by5 opinions

  1. Matawan Regional Teachers Ass'n v. MATAWAN-ABERDEEN REGIONAL SCH. DIST. BD. OF EDUC.New Jersey Superior Court Appellate Division · 1988
  2. Gipson v. MorrisCourt of Appeals of Texas · 1904
  3. Van Der Veer v. State Ex Rel. HerronIndiana Court of Appeals · 1929
  4. Egan v. KellyNew Jersey Superior Court Appellate Division · 1951
  5. Commonwealth Ex Rel. Fox v. ChaceSupreme Court of Pennsylvania · 1961

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