# Deborah Jewish Consumptive Relief Society v. State Board of Health

> Supreme Court of New Jersey · April 19, 1929 · 7 N.J. Misc. 418

URL: https://www.frixlaw.com/law-library/cases/7286616

## Case

- **Full name:** DEBORAH JEWISH CONSUMPTIVE RELIEF SOCIETY, RELATOR v. THE STATE BOARD OF HEALTH OF NEW JERSEY
- **Court:** Supreme Court of New Jersey
- **Decided:** April 19, 1929
- **Citations:** 7 N.J. Misc. 418; 145 A. 870; 1929 N.J. Sup. Ct. LEXIS 302
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Ctjeiam
- **Judges:** Ctjeiam
- **Cited by:** 1 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/7286616

## Opinion text

Pee Ctjeiam.
In this case a rule to show cause was allowed by Mr. Justice Trenchard, why a peremptory or alternative writ of mandamus should not be issued commanding the state board of health of New Jersey to grant the application of the relator, for a permit to erect and maintain a hospital for the care of persons afflicted with pulmonary tuberculosis, in the borough of Hopatcong, Sussex county, New Jersey. At the outset the state insists that certiorari and not mandamus is the proper remedjr. This we think is so. It is not the function of a writ of mandamus to compel the state board of health to perform an act already completed nor to do it in a different way than already done. The writ of mandamus is never granted in a doubtful case. Uszkay v. Dill, 92 N. J. L. 327. At all events the power to issue a writ of mandamus is discretionary. Jones Co. v. Town of Gutlenberg, 66 N. J. L. 58. The application for the writ is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7286616. Public record. Not legal advice.