Appley v. Twp. Comm. of Twp. of Bernards
| Citation | 129 N.J.L. 73,28 A.2d 177 |
| Decision Date | 18 September 1942 |
| Docket Number | No. 41.,41. |
| Parties | APPLEY v. TOWNSHIP COMMITTEE OF TOWNSHIP OF BERNARDS. |
| Court | New Jersey Supreme Court |
Syllabus by the Court.
The court will not receive a brief presented by a member of the bar who had not, as yet, been licensed to practice as a counselor-at-law.
Appeal from Supreme Court.
Certiorari by Joseph E. Appley against Township Committee of the Township of Bernards, challenging, validity of an amendment of a zoning ordinance. From a judgment of the Supreme Court, 128 N.J.L. 195, 24 A.2d 805, vacating the amendment of the ordinance, defendant appeals.
Affirmed.
Anthony P. Kearns, of Newark, for appellant.
Saul W. Arkus, of Newark, for respondent.
The judgment under review will be affirmed, for the reasons stated in the careful and comprehensive opinion of Mr. Justice Heher in the Supreme Court, ubi supra.
However, one irregularity in practice should not pass unnoticed. The case is submitted on briefs, and the brief for the appellant bears the signatures of two members of the bar as "of counsel" though one of them is not a counselor-at-law. If his signature had been the only one, the brief would have been rejected, pursuant to well settled rules. Duysters v. Crawford, 69 N.J.L. 229, 54 A. 823; Leaver v. Kilmer, N.J.Sup., 54 A. 817, reversed on other grounds 71 N.J.L. 291, 59 A. 643; Moore v. Borough of Bradley Beach, 87 N.J.L. 391, 395, 94 A. 316; Gadek v. Kugler, 141 A. 561, 6 N.J.Misc. 471; Hirsch v. DePuy, 166 A. 720, 11 N.J.Misc. 500. It has been considered, however, as the brief of the other signer, who is a counselor-at-law.
For affirmance: The CHANCELLOR, Justices PARKER, CASE, BODINE, DONGES, PERSKIE, PORTER, COLIE, and Judges DEAR, WELLS, RAFFERTY, HAGUE, and THOMPSON—13.
For reversal: None.
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Schmidt v. Board of Adjustment of City of Newark
... ... 485, 5 A.2d 698 (E. & A. 1939); Appley v. Bernards Township, 128 N.J.L. 195, 24 A.2d 805 ... ...
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Al Walker, Inc. v. Borough of Stanhope
... ... 227, 77 A. 88 (Sup.Ct.1910). Cf. Appley v. Bernards Tp., 128 N.J.L. 195, 24 A.2d 805 (Sup.Ct.1942), ... ...
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Palisades Properties, Inc. v. Brunetti
... ... Hamilton Twp. Bd. of Education, 47 N.J.Super. 70, 78, 135 A.2d 329 ... 367, 15 A.2d 598 (E. & A. 1940)); Appley v. Township Committee of the Township of Bernards, 128 ... ...
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S & L Associates, Inc. v. Washington Tp.
... ... Plaintiff cites Appley v. Bernards Tp., 128 N.J.L. 195, 24 A.2d 805 (Sup.Ct.1942), ... ...