Mayor v. Reynolds

• Decision Date: 04 March 1907
• Citation: The Mayor, &C., of The Borough of Park Ridge v. Reynolds, 65 A. 990, 74 N.J.L. 449 (N.J. 1907)
• Parties: MAYOR, ETC., OF BOROUGH OF PARK RIDGE v. REYNOLDS et al.
• Court: New Jersey Supreme Court

65 A. 990

74 N.J.L. 449

MAYOR, ETC., OF BOROUGH OF PARK RIDGE

v. REYNOLDS et al.

Court of Errors and Appeals of New Jersey.

March 4, 1907.

(Syllabus by the Court.)

Error to Supreme Court.

Action by the mayor, etc., of the borough of Park Ridge against N. A. Reynolds and others.From a judgment in favor of defendants, plaintiff brings error.Affirmed.

See62 Atl. 190.

Reuben M. Hart, for plaintiff in error.Edmund W. Wakelee and Wendell J. Wright, for defendants in error.

MAGIE, Ch.The judgment of the Supreme Court brought before us by this writ affirmed an order for a summary investigation into the affairs of the borough of Park Ridge, made by a justice of the Supreme Court, under the provisions of a supplement to an act entitled "An act to provide for the summary investigation of county and municipal expenditures," approved February 18, 1879, which supplement was approved March 23, 1898(Laws 1898, p. 155, c. 97), and a subsequent order dismissing a petition to vacate the previous order and denying its prayer.These orders were taken to the Supreme Court by certiorari, and it was there held that a justice of the Supreme Court, in acting upon applications for summary investigation under the provisions of the act above referred to, is not required to institute inquiry into the truth of the facts sworn to in the jurisdictional affidavit upon which he makes the order for such investigation.

We are unable to approve the view that the Supreme Court justice who has directed the investigation may not be required to institute an inquiry into the truth of the affidavit upon which his jurisdiction has been invoked, at least to the extent of discovering whether he has been imposed upon.But the judgment of the Supreme Court affirming the orders complained of was evidently correct The affidavit upon which the first order for an investigation was made was...