Intrastate Oil Co. v. Board of Commrs., Orange

Supreme Court of New Jersey September 27, 1933

Intrastate Oil Co. v. Board of Commrs., Orange, 168 A. 269 (N.J. 1933)

111 N.J.L. 354; 1933 N.J. LEXIS 357

Bodine

Opinion of the Court

The opinion of the court was delivered by

Bodine, J.

The relator attempts to have us review an order of the Supreme Court discharging a rule to show cause why mandamus should not issue to compel the issuance of a building permit and a license for the erection of a gasoline service station.

Since the constitutionality of a statute is not involved, the Supreme Court’s refusal of mandamus is not reviewable in this court. Matlack v. Lloyd, 82 N. J. L. 739; Camden v. Public Service Railway Co., 84 Id. 309.

The appeal must be dismissed.

For dismissal — The Chancellor, Chief Justice, Trenohard, Case, Bodine, Donges, Perskie, Van Buskirk, Kays, Heteield, Dear, Wells, Dill, JJ. 13.

Reference

Full Case Name: Intrastate Oil Company, a Corporation of New Jersey, Relator-Appellant, v. the Board of Commissioners of the City of Orange, Building and Plumbing Inspector, Thomas Dowling, and City Clerk William F. Christiansen, Respondents
Status: Published