Opinion

City of Garfield v. State Board of Tax Appeals

  • 132 N.J.L. 153
  • 39 A.2d 105
  • 1944 N.J. LEXIS 232
Court
Supreme Court of New Jersey
Filed
Sep 14, 1944
Status
Published
Author
Bodine
On the bench
Bodine
Cited by
1 cases
Authority
More cited than 58.7%

The opinion

The opinion of the court was delivered by

Bodine, J.

The case involves an assessment for taxes upon real and personal property of the Forstmann Woolen Company situate in the City of Garfield. The company maintained plants in three other municipalities in Bergen County. The presumption is in favor of. the findings of the State Board and such findings will not be disturbed in the Supreme Court unless it appears that the Board was in error.

Tennant

v.

Jersey City,

122

N. J. L.

174;

affirmed,

123

Id.

200;

Gannon

v.

State Board,

123

Id.

450.

The Supreme Court, in an exhaustive opinion reported in 131

N. J. L.

364, reviewed the evidence and found the value of both the real and personal property to be in accordance with the findings of the State Board. The proofs offered by the company before the State Board and by deposition on

certiorari

sustained such conclusion. The findings of fact by the Supreme Court, when supported by the evidence, are conclusive in this court.

Lehigh & Wilkes Barre Coal Co.

v.

Borough of Junction, &c.,

75

Id.

922.

It is argued that the Supreme Court did not consider, in determining the value of personal property, certain intan

*154

gibles. There is no proof that the intangibles had a

situs

in the City of Garfield. Because some part of them was not assessed elsewhere is no reason they should be assessed in the City of Garfield in the absence of evidence that they had a

situs

there.

The other arguments have been considered but are without merit.

The judgment under review is affirmed, but without costs.

For affirmance

— The Chancellor, Chibe Justice, Parker, Bodine, Hbher, Perskib, Colie, Dear, Wells, Rae' eerty, Hague, Thompson, Dill, JJ. 13.

For reversal

— None.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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