Dienstag v. Fagan

The opinion of the court was delivered by

Reed, J.

This is on return to a rule to show cause why a writ of mandamus should not issue to Mark M. Fagan, mayor of Jersey City, commanding him to sign a certificate for license purporting to have been granted to Morris Dienstag, the relator, by the board of excise of Jersey Citjr, and commanding George M. McCarthy, the city clerk of Jersey City, to deliver said license to the relator.

The facts upon which the writ is prayed are embodied in a stipulation signed by the counsel of the respective parties. The material facts displayed by this stipulation…