Legal Opinion

State ex rel. Warner v. Hoagland

Supreme Court of New Jersey

Decided November 15, 1888PublishedCited by 23 opinions

On application for a mandamus. On rule to show cause. By an act entitled “An act concerning the construction, care and improvement of the public ways, parks and sewers in certain of the cities of this state, and assessments for the same,” passed February 14th, 1888 (JPamph.

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On application for a mandamus. On rule to show cause. By an act entitled “An act concerning the construction, care and improvement of the public ways, parks and sewers in certain of the cities of this state, and assessments for the same,” passed February 14th, 1888 (JPamph. L., p. 88), it was enacted that in each of the cities of this state, excepting cities of the first class, the opening, construction, care,'cleaning, repairing, alteration and improvement of the roads, streets, avenues, lanes, alleys and parks, and of the public sewers and drains within the corporate limits thereof, should…

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

The act of 1888, on which the relator founds his right to the possession of these records, abolished the office of the respondents and transferred its duties to the relator. *66The respondents resist the application, and contend that the act of 1888 is unconstitutional and void.

The act thus drawn in question excepts from its operation “ cities of the first class.” It is insisted that for this reason it is a special and local law regulating the internal affairs of cities. The classification of cities was made by the act of March 4th, 1882. Rev.…

2Cases cited1 opinion

  1. State v. Judge of the Circuit CourtSupreme Court of New Jersey · 1888

3Cited by23 opinions

  1. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
  2. People Ex Rel. Unger v. . KennedyNew York Court of Appeals · 1913
  3. Town of Longview v. City of CrawfordsvilleIndiana Supreme Court · 1905
  4. Fidelity Union Trust Co. v. New Jersey Highway AuthoritySupreme Court of New Jersey · 1981
  5. Wanser v. HoosSupreme Court of New Jersey · 1897

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