Howell v. City of Millville
Supreme Court of New Jersey
On certiorari. This writ directs defendants to certify to this court a resolution adopted by the common council of the city of Millville on April 11th, 1896, directing the lamp committee to advertise for proposals for erecting an electric light plant in the city of Millville, to be paid for by said city, and all other proceedings of said council and committee relative to the erection of an electric light plant.
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On certiorari. This writ directs defendants to certify to this court a resolution adopted by the common council of the city of Millville on April 11th, 1896, directing the lamp committee to advertise for proposals for erecting an electric light plant in the city of Millville, to be paid for by said city, and all other proceedings of said council and committee relative to the erection of an electric light plant. The return to the writ discloses such a resolution as called for by the writ to have been adopted on April 11th, 1896. It also discloses a resolution adopted by said council on May…
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
As the resolutions of the common council of the city of Millville brought up by this writ require the immediate expenditure of some money and look to the future expenditure of amounts probably much larger, the right of the council to pass them may now be challenged.
If the common council, as is claimed, have no power to expend the city’s money in the erection of an electric light plant, it is obvious that it could not expend such money in preparing specifications or advertising for proposals for the erection of such a plant.
If the resolutions…
2Cases cited2 opinions
- State v. Board of Township CommitteeSupreme Court of New Jersey · 1895
- State v. RobbinsSupreme Court of New Jersey · 1892
3Cited by3 opinions
- Oakley v. City of Atlantic CitySupreme Court of New Jersey · 1899
- Town of Seaford v. Eastern Shore Public Service Co.Superior Court of Delaware · 1942
- Lighthipe v. City of OrangeSupreme Court of New Jersey · 1907