Legal Opinion

Kellam v. Mayor of Newark

Supreme Court of New Jersey

Decided February 21, 1910PublishedCited by 3 opinions

On certiorari. The prosecutor Kellam was convicted in the First Criminal Court of Newark, and fined $25 for violation of the provisions of section 425 of the ordinances of the city of Newark, which section reads as follows: “No person or persons, without the written permission of the mayor, shalL skin or bury any domestic animal which shall die within the city of Newark from accident or disease, or shall carry or transport any such dead domestic animal, except in carts or…

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On certiorari. The prosecutor Kellam was convicted in the First Criminal Court of Newark, and fined $25 for violation of the provisions of section 425 of the ordinances of the city of Newark, which section reads as follows: “No person or persons, without the written permission of the mayor, shalL skin or bury any domestic animal which shall die within the city of Newark from accident or disease, or shall carry or transport any such dead domestic animal, except in carts or other vehicles, specially licensed for that purpose, under the penalty of twenty-five dollars for each and every offence.”…

1Opinion of the Court

The opinion of the court was delivered by

Parker, J.

The respondents have not submitted any brief in support of the conviction brought up by this writ, and the caso is necessarily disposed of on the brief for the prosecutor alone, and such independent examination as we have been able to give to the case.

A perusal of the section quoted above will show that it is broad enough to forbid under any and all circumstances (among other things) the transportation of any domestic animal that has died of disease or accident within the city limits; and this without regard to the question whether such…

2Cases cited7 opinions

  1. Underwood v. . GreenNew York Court of Appeals · 1870
  2. Joyce v. City of East St. LouisIllinois Supreme Court · 1875
  3. State v. RobinsonSupreme Court of Minnesota · 1889
  4. Prewitt v. BurnettSupreme Court of Missouri · 1870
  5. Schoen Bros. v. City of AtlantaSupreme Court of Georgia · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Mayor of Jersey City v. ChasanSupreme Court of New Jersey · 1911
  2. Schwarz Bros. v. Board of HealthSupreme Court of New Jersey · 1913
  3. Schwarz Bros. v. Board of HealthSupreme Court of New Jersey · 1912

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