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Practice.

Public Utilities.

adverse party and filing the same when only one should have been,
within the time so limited, which namely, that the Supreme Court
is one year in the class of cases erred in giving judgment for the
in which that at bar is one. The respondent instead of for the ap-
provision is in the conjunctive, pellant. Lundy v. Brown & Co.,
namely, the service and filing of

469
the notice. The provision is not
that the notice shall be filed im-10. Where a trial court's findings
mediately after the service or of fact are supported by evi-
within any prescribed time dence, they will not be disturbed
thereafter, except that limited on appeal.

Ib.
for the taking of an appeal, so
that, after serving a notice of 11. It is improper to characterize
appeal at an early date after

alleged error as “flagrant" or
judgment, the appellant may de- “manifest" eror. Legal error is
lay perfecting the appeal, so far

sufficient to overturn a judg-
as the notice perfects it, until

ment. State v. Samaha, 482
the last day on which an appeal
will lie. Prantl v. Junk,

387

12. A party to an action has no
5. When the Supreme Court sits

right to have the court charge
as a court of review (on appeal

something which he deems to be
or on certiorari, &c.), a proper

important to be shown, unless
assignment of error is that it

it is legally essential, either for
or against him.

10. .
erred in giving judgment for the
successful, instead of the unsuc-
cessful, party, or that it so erred

See also APPEAL AND ERROR, 2, 4,

5, 6.
for one or more of the assign-

DISTRICT COURTS, 1, 2.
ments of error or causes for re-
versal (grounds of appeal in

CRIMINAL PROCEDURE, 6.
sundry civil cases.

ERROR, 1.
reasons in
certiorari cases) filed in that

TRIAL, 4, 5, 11.
court and brought up with the
record, State v. Verona, 389

PRINCIPAL AND SURETY.

6. A court of review will hear and

See CONTRACTS, 1.
decide a question which goes to
the jurisdiction of the subject-
matter, or involves public policy, PROBABLE CAUSE,
although not raised in the court
below.

Ib. See MALICIOUS PROSECUTION, 2.

7. On a statutory appeal to the
Supreme Court, the question of

PROCESS.
the adequacy or inadequacy of
damages is not open to that

See ATTACHMENT, 6.
court to determine. Oppicci v.
Erie Railroad Co.,

394

PUBLIC UTILITIES.
8. Rule 132 of the Supreme Court

is not applicable where the evi-1. Where a public utility company
dence on the question of dam- increases its rates, to take effect
ages, not the amount, is held on a fixed date, and the board of
to be inadequate.

Ib. public utility commissioners, on

hearing, modifies the rates with-
9. In this case four grounds of ar- out suspending them by any

peal are stated in this court, order, an order affirming the
RIPARIAN OWNERS.

[blocks in formation]

modified rates to take effect at the date fixed by the company will not be set aside on certiorari. Edison Storage Battery Co. v. Public Utility Board, 301

2. Private contracts as to rates to

be charged for furnishing electric power must yield to the public Welfare, and the state may fix a just and reasonable rate without regard to that reserved in the contract.

Ib.

alleged pollution of a flowing stream, the plaintiff set out in its complaint that an incorporated city had the legal right to take water from the stream and furnish it to its citizens; that plaintiff operated a manufacturing plant in the city requiring a large quantity of water which the city furnished; that defendant, a riparian owner above the intake of the city, emptied into the stream refuse from its factory, which corrupted the stream so that the water supplied by the city was filled with polluted matter injurious to the chemical products of the plaintiff, resulting in serious damage to it. Held, that the complaint did not set out cause of action in favor of the plaintiff, a non-riparian owner, against the defendant for the alleged pollution. Egyptian Lacquer Mfg. Co. v. Chemical Co.,

305

RAILROADS.

a

An assessment by a municipality

for benefits arising from street paving upon property used entirely for railroad purposes can only be for such benefits as may accrue to the property in such use; hence, where no special benefit to the property so used is shown, the assessment will be set aside. Erie Railroad Co. v. Newark,

90

RULE TO SHOW CAUSE.

See also NEGLIGENCE, 1, 2, 9.

TAXES AND Assess

MENTS, 3.

See TRIAL, 4. .

SALES.
REPLEVIN.

1. The Bulk Sales act (Pamph. L. 1. Where an unlawful taking and 1915, p. 377) is not applicable

detention by the defendant is to a case where the whole or a the result of malice, or wanton- large part of a stock of merness, the plaintiff may, in an ac- chandise is sold at public auction of replevin, as in other tort tion sale. Schwartz v. King actions, recover exemplary dam- Realty Co.,

111 ages. Dreimuller v. Rogow, 1

2. Where goods have been deliv2. It is not necessary that a de- ered to the buyer and the buyer

fendant should have actual pos- fails to return or to offer to resession of the goods in order to turn the goods to the seller, in maintain an action of replevin substantially as good condition against him. If he exercises as they were in at the time the control over them it is sufficient property was transferred to the to uphold the action. Schwartz buyer, the buyer cannot rescind v. King Realty Co., 111 the sale. Hirsch v. Verschuur,

277 Statutes.

SOLDIERS AND SAILORS.

In a suit against a riparian owner

for injuries resulting from the il

See ELECTIONS. 3.

LOCAL OPTION, 3.

Statutes Cited.

STATUTES.

Comp. Stat., p. 1867, $
144,

392
1. Implied repealers are not fa- Pamph. L. 1916, p. 429, 280

vored as a method of judicial
construction, and the omission Death.
or commission in the legislative Comp. Stat., p. 1907, § 7, 143
purpose must be reasonably clear
to warrant it. Hartley v. Board District Courts.
of Elections,

313

Comp. Stat., p. 1955, $ 7, 103

Comp. Stat., p. 1977, $
2. When it appears that the legis-

69.

75
lature inserted a non-repealing Comp. Stat., pp. 1978,
clause in a statute in relation to

1979,

323
procedure for the passage of an Comp. Stat., p. 2003, §
ordinance, and in a later amend-

167,

122
ing statute providing for pro- Comp. Stat., p. 2005, $
cedure, left out the non-repeal-

168,

324
ing clause, it by necessary im- Comp. Stat., p. 2016, $
plication repealed such procedure 213a,

395
clause of the former statute.
Public Serrice Ry. Co. v. Gen-
eral Omnibus Co.,

Elections.
344

Pamph, L. 1898, p. 237, 315

Comp. Stat., p. 2074, § 7, 40
STATUTES OF NEW JERSEY

Pamph. L. 1911, p. 276,
CITED.

50, 315
Attachment.

Pamph. L. 1914, p. 194, 40

Pamph. L. 1916, p. 586, 50
Comp. Stat., p. 132, 75

Pamph. L. 1918, p. 16, $
2,

454
Auto Busses.
Pamph. L. 1916,

Pamph. L. 1918, p. 471, 314
283,
p.
216, 220, 345

Pamph. L. 1918, p. 437, 70
Certiorari.
Pamph. L. 1895, p. 764, 64 Error.

Comp. Stat., p. 2208, $ 2, 388
Chattel Mortgages.
Comp. Stat., p. 462, § 4, 124 Evidence.

Pamph. L. 1900, p. 363, 275
Cities.

Comp. Stat., p. 2217. $ 1. 404
Pamph. L. 1867, p. 210, 118 Comp. Stat., p. 2229, S
Comp. Stat., p. 9994, 91

133

30.

Crimes.

Executions.
Comp. Stat., p. 1792, S

Pamph. L. 1916, p. 242, 171
158,

391
Pamph. L. 1916, p. 576,

Factory Act.

1.95, 269. Pamph. L. 1914, p. 525, 5
Pamph. L. 1918, p. 130, 485

Fees and Costs.
Criminal Procedure.

Pamph. L. 1911, p. 756, 77
Comp. Stat., p. 1838. $

11
57,

20, 274 Fire and Police.
Comp. Stat., p. 1814. $

Pamph. L. 1907, p. 402, 151
74.

48, 179 Pamph. L. 1911, p. 104,
Comp. Stat., p. 1863. $

$ 4,

150
136,

. Pamph. L. 1916, p. 298, 151

290, 38011

Statutes Cited.

Statutes Cited.

Frauds and Perjuries.

Negotiable Instruments.
Pamph. L. 1907, p. 570, 114 Pamph. L. 1908, p. 428, 385
Comp. Stat., p. 2610, § 1, 339 Comp. Stat., p. 3738, 8
Comp. Stat., p. 2612, § 5338

24,

126
Pamph. L. 1915, p. 377, 114 Comp. Stat., p. 3741, $

52,

46
Idiots, Lunatics and Drunkards.

Comp. Stat., p. 3749, $
Comp. Stat., p. 2782, 300

124,

46

Insane Persons.

Officers.
Pamph. L. 1916, p. 182, §

Pamph. L. 1908, p. 234, 106
24,

299

Palisades Interstate Park.
Insolvent Debtors.

Comp. Stat., p. 3890, 501
Comp. Stat., p. 2824, § 2, 369

Pensions.
Intoxicating Liquors.

Pamph. L. 1911, p. 104, 432
Pamph. L. 1918, p. 14, 38, 97

Pamph. L. 1916, p. 141, 432

Pamph. L. 1917, p. 55, 434
Judgments.
Comp. Stat., p. 2957, § 6, 325 Police Courts and Magistrates.

Comp. Stat., p. 3974, 308
Juries.
Comp. Stat., p. 2976, 88

Practice.
31, 35,

133

Comp. Stat., p. 4076, 88
81, 85,

457
Justices' Courts.

Comp. Stat., p. 4091, §
Comp. Stat., p. 3006, $

126,

146
81,

35

Pamph. L. 1912, p. 377, 147
Pamph. L. 1911,, p. 544, 35 Pamph. L. 1912, p. 382, $

25,

243
Landlord and Tenant.

Pamph. L. 1912, p. 377,
Pamph. L. 1903, p. 26. 66

27,

388
Pamph. L. 1910, p. 233, 66 Pamph. L. 1912,

p.

397,
Pamph. L. 1913, p. 743, 66

$$ 72, 73,

359
Pamph. L. 1915, p. 96, 66 Pamph. L. 1916, p. 109, 378

Liens.

Railroads and Canals.
Pamph. L. 1915, p. 556, 76

Pamph. L. 1909, p. 137,

87, 232
Municipal Corporations.

Comp. Stat., p. 4315, $
Comp. Stat., p. 3502, $

55, ,

JS
396,

345
Pamph. L. 1911, p. 464,

Replevin.
$ 3,

348

Comp. Stat., p. 1368, § 2, 113
Pamph. L. 1911, p. 469, 347
Pamph. L. 1911, p. 471, 317

Sale of Goods.
Pamph. L. 1912, p. 53, 315

Comp. Stat., p. 4663, $
Pamph. L. 1912, p. 644,

69,

278
$ 3,

318
Pamph. L. 1912, p. 619,
$ 6.

347 State Home for Boys.
Pamph. L. 1917, p. 319, 348 ('omp. Stat., p. 4450, 301
Pamph, L. 1917, p. 548, 318
Pamph. L. 1918, p. 478, 348 State Honie for Girls.
Pamph. L. 1918, p. 901, 296 | Comp. Stat., p. 4888, 501
1. Leaving out of consideration the 4. Property acquired by the Pas-

Statutes Cited.

Tares and Assessments.

State Reformatory for Women.

Comp. Stat., p. 4931, 501

Taxes and Assessments.

Pamph. L. 1903, p. 435,
$ 66,

285
Pamph. L. 1910, p. 199, 431
Comp. Stat., p. 5126, §
43,

285
Comp. Stat., p. 5176, $
198,

285
Comp. Stat., p. 5268, $
453,

295
Comp. Stat., p. 5268, §
454,

294
Comp. Stat., p. 5279. 295
Pamph. L. 1918. p. 847, 285
Pamph. L. 1919, p. 848,
§ 202,

292
Pamph. L. 1918, p. 853,
$ 301,

292
Pamph. L. 1918, p. 867,
$ 508,

298

tion 43 of the General Tax act
of 1903 (Comp. Stat., p. 5126),
taxes in arrears bear interest at
seven per cent. per annum, from
December 20th of the year of
the levy down to the time of
payment, unless the governing
body of the taxing district has
fixed a higher rate (not exceed-
ing twelve per cent.), and where
no higher rate was fixed an
owner of lands, bought about
1916, who, in 1917, paid the col-
lector the principal of the taxes
assessed against it for the years
1903 to 1912, inclusive, together
with interest thereon at seven
per cent. from December 20th of
the year of levy down to the
date of payment, is entitled to
have such taxes canceled. Le-
high Valley, &c., Co. v. Jersey
City,

281

Territory and Jurisdiction.

2. Bonds which are not expressly
Comp. Stat., p. 5371; 15

exempted by the Tax act
Comp. Stat., p. 3374, 15 (Pamph. L. 1918, p. 847), nor

excluded from its operation, and
Water Supply.

which are physically located in
Pamph. L. 1.902, p. 195, 428 New Jersey and are a part of
Pamph. L. 1907,

p.
22, 428 the unsettled estate of a dece-

dent, are taxable at their true
Weights and Measures.

value in the taxing district in
Pamph. L. 1914, p. 517, 308 New Jersey wherein the dece.

dent resided at the time of his
Workmen's Compensation.

death, even though one of the

two executors and trustees of
Pamph. L. 1911, p. 134,

283, 415

the decedent is a non-resident

of New Jersey. Yardley v. Es-
Pamph. L. 1913, p. 301, 94

ser County Tax Board, 290

STOCKHOLDERS.

3. The illegal excess of local tax

rate that was adjudged in the
See CORPORATIONS, 1

case of Garrison v. Jersey City,
92 N. J. L. 624, held, to affect

the state tax rates on main stem
STREET RAILWAYS.

and second-class railroad prop-

erty imposed during the year
See NEGLIGENCE, 10.

1918 so as to require correspond-
ing revision of those rates. Di.

rector General v. State Board
TAXES AND ASSESSMENTS. Tares,

294

Tax act of 1919, page 847 saie valley sewerage commission-
(which has no application to ers for the purpose of building
the present case), under sec- an intercepting sewer in accordo

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