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Standard Oil Co. v. Murphy

New Jersey Supreme Court


Decided: April 26, 1939.

STANDARD OIL COMPANY OF NEW JERSEY, A CORPORATION, RELATOR,
v.
VINCENT J. MURPHY, DIRECTOR OF REVENUE AND FINANCE OF THE CITY OF NEWARK, RESPONDENT

On rule to show cause why a peremptory writ of mandamus should not issue.

For the relator, Robert L. Hood and William J. Egan.

For the respondent, Thomas L. Parsonnet.

Before Justices Case, Donges and Porter.

Per Curiam.

On reviewing the stipulated facts and the inferences which flow therefrom we conclude that the alleged right upon which relator rests has not the clarity or the certainty which are essential to the invocation of a prerogative writ of peremptory mandamus.

The application for the writ will be denied and the rule to show cause discharged; but without costs.

19390426


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