Kern v. Township of Palmyra

Supreme Court of New Jersey
Kern v. Township of Palmyra, 93 N.J.L. 468 (N.J. 1919)
108 A. 926; 1919 N.J. LEXIS 182
Kalisch

Kern v. Township of Palmyra

Opinion of the Court

Per Curiam.

The judgment under review will be affirmed, for the reasons set forth in the opinion of the Supreme Court.

Concurring Opinion

Kalisch, J.

(concurring). I vote to affirm tlie judgment of the Supreme Court solely upon the ground that the statutory requirements for submission of the special question to be voted on had not been complied with. The statute confers jurisdiction on the municipal authorities to submit the special question of local option to a vote of the people only when the statutory provisions relating to the subject have been fully complied with. The township failed in this respect, and, therefore, the election held was nugatory as to the question submitted.

For affirmance — Tin? Chancellor, Ciiiee Justice, Swayze, Treno hard, Bergen, Ivalisch, Black, White, Heppenheimer, Williams, Gardner, Ackerson, JJ. 12.

For reversal — None.

Reference

Full Case Name
CHARLES H. KERN v. THE TOWNSHIP OF PALMYRA, IN THE COUNTY OF BURLINGTON, ALBERT N. STEWART, CLERK OF SAID TOWNSHIP, AND THE COUNTY BOARD OF CANVASSERS OF THE COUNTY OF BURLINGTON
Status
Published