Supreme Court of New Jersey, 1933

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

Intrastate Oil Co. v. Board of Commrs., Orange
Supreme Court of New Jersey · Decided September 27, 1933 · Bodine
168 A. 269; 111 N.J.L. 354; 1933 N.J. LEXIS 357

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.