City of Camden v. Public Service Railway Co.

The opinion of the court was delivered by

Swayze, J.

The Supreme Court made absolute a rule to show cause why a mandamus should not be issued. We have before us only the rule, the agreed facts and the order making the rule absolute. There is no judgment and not even a writ of mandamus. An attempt is made in the assignments of error to raise a constitutional question, but this is not argued. If it were, it could not be considered where there is no final judgment. The statute applies only to cases where the mandamus is denied or the rule discharged. Comp. Stat., p. 3216, § 6.

The more general…