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TIENE v. JERSEY CITY

13 N.J. 478 (1953)

100 A.2d 518

IN THE MATTER OF THE SWORN APPLICATION OF JULIA TIENE AND OTHER FREEHOLDERS OF THE CITY OF JERSEY CITY IN THE COUNTY OF HUDSON FOR A SUMMARY INVESTIGATION INTO THE MUNICIPAL EXPENDITURES OF THE CITY OF JERSEY CITY. JULIA TIENE, ET ALS., APPLICANTS-RESPONDENTS, v. CITY OF JERSEY CITY, DEFENDANT AND COUNTER APPLICANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 9, 1953.

Attorney(s) appearing for the Case

Mr. Mortimer Neuman argued the cause for the appellant (Mr. John B. Graf, attorney).

Mr. Murray Greiman argued the cause for the respondents.

The opinion of the court was delivered by VANDERBILT, C.J.

On January 28, 1953, 49 freeholders of Jersey City filed with Judge Proctor, the Assignment Judge of the Superior Court for Hudson County, their sworn application for a summary investigation into the affairs of the city under R.S. 40:6-1 which provides:

"If twenty-five freeholders in any municipality or county shall present to any justice of the supreme court an affidavit, sworn to and subscribed...

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