98 N.J.L. 565

MICHAEL D. KELLEY, PROSECUTOR-APPELLANT, v. ANGELO J. A. BENNELL, POLICE JUSTICE, AND OTTO G. SCHULTZ, RESPONDENTS.

Submitted December 11, 1922

Decided March 5, 1923.

On appeal, if the judgment is not brought up from the court below, or when no ground of appeal alleges error in the jiidgment sought to be reviewed, the appeal will be dismissed.

On appeal from the Supreme Court.

Eor the appellant, James E. Bolitho.

Eor the respondents, King & Vogt, Nathaniel E. Toms and Robert E. Schenck.

Pee Curiam.

Kelley was convicted by a police justice of violating an ordinance of Morristown to license and regulate jitneys. On certiorari to the Supreme Court the conviction was affirmed by an opinion per curiam. The state of the case does not disclose any judgment in the Supreme Court, nor any ground of appeal alleging that that court erred in the judgment which it rendered. In this situation there is nothing before this court for review. See State v. Belkota, 95 N. J. L. 416; Dia. Mills Paper Co. v. Leonard Hygiene Ice Co., Id. 540, 543. Either defect is fatal.

Let the appeal be dismissed.

Kelley v. Bennell
98 N.J.L. 565

Case Details

Name
Kelley v. Bennell
Decision Date
Mar 5, 1923
Citations

98 N.J.L. 565

Jurisdiction
New Jersey

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