KERVICK v. BONTEMPO


29 N.J. 469 (1959)

150 A.2d 34

JOHN A. KERVICK, STATE TREASURER OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SALVATORE A. BONTEMPO, COMMISSIONER OF THE STATE DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT, ET ALS., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 7, 1959.


Attorney(s) appearing for the Case

Mr. John Lane, of the New York Bar, argued the cause for the appellant (Messrs. Warren and Stein, attorneys).

Mr. Vincent P. Biunno, Deputy Attorney General, argued the cause for the respondents (Mr. David D. Furman, Attorney General, attorney; Mr. David J. Goldberg, Deputy Attorney General, on the brief).

Mr. Walter H. Jones argued the cause for the Senate of the State of New Jersey.

Mr. William F. Hyland argued the cause for the General Assembly of the State of New Jersey.

Mr. Wesley L. Lance argued the cause amicus curiae.


The opinion of the court was delivered by JACOBS, J.

On February 25, 1959 the Law Division entered a declaratory judgment which determined that the New Jersey Water Bond Act of 1958 (L. 1958, c. 35) N.J.S.A. 58:22-19 note, was lawfully enacted and that bonds issued thereunder would be direct general obligations of the State. Thereafter the plaintiff appealed to the Appellate Division and we certified...

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