In Re Bond Printing Co. Inc.

Decision Date24 April 1947
Docket NumberNo. 4.,4.
Citation52 A.2d 762,135 N.J.L. 478
PartiesIn re BOND PRINTING CO., Inc.
CourtNew Jersey Supreme Court

OPINION TEXT STARTS HERE

Appeal from Circuit Court, Monmouth County.

In the matter of the application of the Bond Printing Company, Inc., trading as the Asbury Park Sun, for a declaratory judgment determining its rights, status and other legal relations under the statutes relating to legal advertising. From a judgment denying the application, 48 A.2d 291, 24 N.J.Misc. 215, applicant appeals.

Affirmed.

Vincent P. Keuper, of Asbury Park, for plaintiff-appellant.

Morgan R. Seiffert, of New Brunswick, for defendant-appellee.

FREUND, Judge.

The appellant appeals from a judgment entered in the Monmouth Circuit wherein the petitioner's application for a declaratory judgment was denied.

The Red Bank Daily Standard had been published as a newspaper for a number of years at Red Bank. In 1945 the appellant, Bond Printing Company, Inc., was formed and it acquired the newspaper, Red Bank Daily Standard. On January 14, 1946, a certificate was executed and filed in the offices of the County Clerk and the Secretary of State, changing the name of the newspaper, Red Bank Daily Standard, to Asbury Park Sun. In January, 1946, the Red Bank Daily Standard was discontinued as a newspaper and all of its physical equipment was moved and transferred to a building acquired by the Asbury Park Sun, in the City of Asbury Park, where the Asbury Park Sun established its publication office and print shop. The appellant's sole witness testified that the first date on which the Asbury Park Sun was printed and published was January 24, 1946 in the City of Asbury Park.

The appellant's petition alleges that ‘it prints, publishes and issues a daily newspaper, the Asbury Park Sun, in the City of Asbury Park.’ The petition further alleges that the Asbury Park Sun ‘is not subject to the limitation and restrictions imposed by Revised Statutes 35:1-2.1 and 35:1-2.2, as amended, N.J.S.A., ‘for the reason that its change of place of publication to another place in the same county is not such a limitation as is contemplated by the statute referred to.’ The petition prays for a declaratory judgment ‘adjudging its rights, status and legal relations * * * in order that it may continue to print and publish legal advertising * * *.'

The pertinent statutory provisions, R.S. 35:1-2.1 and 35:1-2.2, as amended, N.J.S.A., state the minimum qualifications before a newspaper shall become eligible for state, county and municipal legal advertising. R.S. 35:1-2.1 as amended, N.J.S.A., applies to the publication of official advertising by the State, whereas R.S. 35:1-2.2, as amended, N.J.S.A., applies to the publication of official advertising by counties and municipalities. The statutory...

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5 cases
  • Hunterdon County Democrat, Inc. v. Recorder Pub. Co. of Bernardsville
    • United States
    • New Jersey Superior Court
    • December 10, 1971
    ...it was no misapplication of the statutory language to say that the paper was printed and published there. In re Bond Printing Co., Inc., 135 N.J.L. 478, 52 A.2d 762, (E. & A.1947), involved an application for a declaratory judgment to determine the right of the Asbury Park Sun to continue t......
  • City of Plainfield v. Courier-News
    • United States
    • New Jersey Supreme Court
    • November 15, 1976
    ...and continuous existence in the municipalities where their publication offices are maintained.' In re Bond Printing Co., Inc., 135 N.J.L. 478, 480, 52 A.2d 762, 763 (E. & A. 1947). It is not disputed that the Courier-News is qualified in all respects except as to the requirement emphasized ......
  • City of Plainfield v. Courier-News, COURIER-NEWS and T
    • United States
    • New Jersey Superior Court
    • April 5, 1974
    ... ... In March 1972, however, the main office, printing presses and general equipment were moved from the Church Street location to a new facility in ... In re Bonding Printing Co., Inc., 135 N.J.L. 478, 480, 52 A.2d 762 (E. & A.1947). Under the facts of the present case, this court ... ------------ -------------------------- -------------------------------- ... 40:14A-14 Bond resolution "publish in a newspaper ... adopted by sewerage ... ...
  • City of Plainfield v. Courier-News
    • United States
    • New Jersey Superior Court — Appellate Division
    • May 30, 1975
    ... ... Hunterdon County Democrat, Inc. v. Recorder Pub. Co., 117 N.J.Super. 552, 285 A.2d 258 (Ch.Div.1971). The Legislature has ... In re Bond Printing Co., Inc., 135 N.J.L. 478, 52 A.2d 762 (E. & A.1947). Whether it would satisfy, in any ... ...
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