Mayor of Jersey City v. North Jersey Street Railway Co.

The opinion of the court was delivered by

Swayze, J.

This is the same case that has previously been before the court on demurrer. 41 Vroom 360; 42 Id. 367; 43 Id. 383. The pleas not already disposed of are two — (1) nil debet; (2) release. The issues joined on these pleas were originally tried before Justice Fort and have been argued before mo on the evidence then taken.

The plea of release is thought to be sustained by proof that no license fees have been exacted or collected by the city since 1867, and the failure to rebut any presumption arising therefrom. The defendant relies on the language…