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Luckenbach Trap Rock Corp. v. Township of North Bergen

Decided: August 11, 1938.

LUCKENBACH TRAP ROCK CORPORATION, PROSECUTOR,
v.
THE TOWNSHIP OF NORTH BERGEN, IN THE COUNTY OF HUDSON, ET AL., RESPONDENTS



On writ of certiorari.

For the prosecutor, Kelsey & Ludwig (Clarence Kelsey).

For the respondents, Nicholas S. Schloeder.

Before Justices Case and Donges.

Case

The opinion of the court was delivered by

CASE, J. The writ was directed to the township of North Bergen, the collector of taxes of that municipality and his assistant and the president of the Hudson county board of taxation. Service of the writ was acknowledged for all of those respondents by the attorney who now appears herein as attorney and counsel for the township and for the collector and his assistant. No return was made by the president of the county board. It was, of course, his duty to comply with

the writ; but if, as it seems, there was no return by him, the prosecutor should have moved to compel one. We cannot assume what such a return would show.

The subject-matter of the writ was a proposed sale by the township collector of certain personal property of the prosecutor in order to make personal taxes wherein, with interest thereon, the prosecutor was said to be in default as follows:

"1931, personal property $12,000 tax $876.24

1932, personal property 12,000 tax 750.72

1933, personal property 12,000 tax 628.56

1934, personal property 12,000 tax ...


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