# State v. Wittenberg

> Supreme Court of New Jersey · April 28, 1958 · 26 N.J. 576

URL: https://www.frixlaw.com/law-library/cases/1933906

## Case

- **Full name:** State of New Jersey (Board of Health of the Township of Clinton), Plaintiff-Respondent, v. Henry Wittenberg and Herman Wittenberg, Defendants-Appellants
- **Court:** Supreme Court of New Jersey
- **Decided:** April 28, 1958
- **Citations:** 26 N.J. 576; 141 A.2d 57; 1958 N.J. LEXIS 274
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1933906

## Opinion text

Pee Cueiam.
The judgment of conviction is affirmed for the reasons stated in the
per curiam
opinion of the Appellate Division reported in 50
N. J. Super.
74 (1957).
At the oral argument before us, appellants suggested that at the
de novo
appeal in the County Court, they were improperly precluded from offering certain factual proof bearing upon the issue of the constitutionality of the ordinance, because the court took the erroneous view that the determination in the declaratory judgment action had settled the problem of conflict with the organic law. Examination of the record satisfies us that there was no adequate offer of any such proof. Eor this reason, as well as those set forth in the opinion below, we agree that no basis is presented for reversal.
For
affirmance—Chief Justice Weinteaub, and Justices Hehee, Wacheneeld, Bueling, Jacobs, Eeancis and Peoctoe—7.
For
reversal—None.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1933906. Public record. Not legal advice.