Application of van Syckle
| Decision Date | 22 September 1937 |
| Docket Number | No. 19.,19. |
| Citation | 194 A. 284,118 N.J.L. 578 |
| Parties | Application of VAN SYCKLE. |
| Court | New Jersey Supreme Court |
Syllabus by the Court.
Application for declaratory judgment construing chapters 185 and 186 of P.L.1936 (N.J.St.Annual 1936, §§ 135—106a(25), 135— 106a(26), and § 182—92) held properly denied for lack of notice to Commissioner of Motor Vehicles and the several county clerks, and failure to make them parties to the proceeding; and for lack of any controversy, or uncertainty shared by any others than applicant.
Appeal from Supreme Court.
Proceeding in the matter of the application of Frank Van Syckle for a declaratory judgment. From a judgment of dismissal, 188 A. 915, 15 N.J.Misc. 145, an appeal was taken.
Judgment affirmed.
Paul C. Kemeny, of Perth Amboy, for appellant.
The practical question propounded by the applicant is whether, in view of chapter 185 of the Laws of 1936 (P.L. p. 443 [N.J.St. Annual 1936, §§ 135—106a(25), 135—106a (26), being a supplement to the Motor Vehicle Transfer Act of 1931 (P.L. p. 312, c. 166 [N.J.St.Annual 1931, § 135—106a(l) et seq.]), taken in connection with chapter 186 of the same year (P.L. p. 444 [N.J.St. Annual 1936, § 182—92]), which is an amendment to the Conditional Saks Act of 1919, c. 210, § 6, it is necessary for the protection of the seller of a motor vehicle by contract of conditional sale, that such contract be filed with the county clerk under the Conditional Sales Act of 1919 (P.L. p. 461 [Comp.St.Supp.1924, § 182—87 et seq.]) as heretofore, or whether the filing with the Commissioner of Motor Vehicles as provided in chapter 186 will suffice. A glance at the two acts of 1936 will show that in cases of a conditional sale of a motor vehicle chapter 185 provides for filing the contract with the Commissioner of Motor Vehicles, and that chapter 186 amends section 6 of the Uniform Conditional Sales Act of 1919 (N.J.St.Annual 1936, § 182—92) by inserting a proviso that in the case of such conditional sale affecting a motor vehicle, the record of such sale with the Commissioner of Motor Vehicles as provided in the act of 1931 relating to sale and transfer of motor vehicles (P.L. page 312 et seq.) "as now or hereafter amended and supplemented [N.J. St.Annual 1931, § 135—106a(l) et seq. and Supps.] shall be deemed sufficient compliance with the provisions of this" (conditional sales) "act as to filing, wherever such motor vehicle may be found from time to time." Speaking in a broad and general way, this appears to assimilate conditional sales of ambulatory property like motor vehicles to those of railway rolling stock, which by section 8 of the 1919 act (Comp.St. Supp.1924, § 182—94) are to be filed or recorded in the office of the Secretary of State.
The specific difficulty of petitioner appears, by section 9 of the petition, to be that in chapter 185 (N.J.St.Annual 1936, § 135— 106a(25) we find provisions for notation of the conditional character of the sale, and the requirement "to index the same under the names of the purchasers thereof as long as the lien remains unsatisfied of record." Petitioner asks:
The Supreme Court (188 A. 915, 15 N.J.Misc. 145) held, in part, that "the general rule is that the court will not render a declaratory judgment as to the validity or construction of a statute in the absence of an actual controversy, nor in the absence of notice to municipal or state officials affected by the declaration relating to statutes if and when an actual controversy arises respecting such statutes." In that holding we concur. The petitioner, appealing states that notice was given to the Attorney General. Assuming for the present the existence of a controversy, this notice, while perhaps proper, is not enough. The Commissioner of Motor Vehicles, as such, would be interested in the question whether he is the exclusive custodian of conditional sale records relating to motor vehicles, and exclusively entitled to "cancel them of record" in suitable cases. See section 12 of the Conditional Sales Act, P.L. 1919 at page 465 (Comp.St. Supp. 1924, § 182—98). So also is every county clerk interested in the question whether his jurisdiction in this regard has ceased.' All these officials, by section 11 of the act (Comp.St.Supp.1924, § 163—361), under which this petition is filed (P.L.1924, p. 312 [Comp.St.Supp. § 163—151 et seq.]), should be made parties.
But under the act of...
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...this proceeding. See Proprietary Ass'n. v. Board of Pharmacy of N.J., 16 N.J. 62, 72, 106 A.2d 272 (1954); cf. In re Van Syckle, 118 N.J.L. 578, 581, 194 A. 284 (E. & A.1937); Johnston v. Board of Adjustment, Westfield, 118 N.J.L. 298, 300, 192 A. 457 (Sup.Ct.1937). See also Fidelity Union ......
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...State, and if these appellants are proper and necessary parties, then so are all other revenue officers of the State. In re Van Syckle, 118 N.J.L. 578, 194 Atl. 284; Arlington Oil Co. v. Hall, 130 Neb. 674, 266 N.W. 583; City and County of Denver v. Denver Land Co., 274 Pac. 743; Laws 1935,......
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