State v. Mayor of Neptune City

*363The opinion of the court was delivered by

Magie, J.

The certiorari in this case has brought before us a resolution purporting to have been adopted by the mayor and council of the borough of Neptune City on July 3d,, 1893, and to grant to the Asbury Park and Belmar Street Railway Company a location for tracks of its railway in a highway in said borough, and the proceedings attending the consideration and passage of that resolution.

Prosecutor contends (1) that the resolution was never duly adopted, and (2) that no power had been acquired by the defendant municipality to adopt it.

The latter…