Intrastate Oil Co. v. Board of Commrs., Orange

The opinion of the court was delivered by

Bodine, J.

The relator attempts to have us review an order of the Supreme Court discharging a rule to show cause why

mandamus

should not issue to compel the issuance of a building permit and a license for the erection of a gasoline service station.

Since the constitutionality of a statute is not involved, the Supreme Court’s refusal of

mandamus

is not reviewable in this court.

Matlack

v. Lloyd, 82

N. J. L.

739;

Camden

v.

Public Service Railway

Co., 84

Id.

309.

The appeal must be dismissed.

For dismissal

— The Chancellor, Chief Justice, Trenohard, Case, Bodine, Donges, Perskie, Van Buskirk, Kays, Heteield, Dear, Wells, Dill, JJ. 13.