Opinion
Submitted May 26, 1933 —
Decided September 27, 1933.
The refusal by the Supreme Court of a writ of mandamus is not reviewable unless the constitutionality of a statute is involved.
On appeal from the Supreme Court, whose opinion is printed in 11 N.J. Mis. R. 89.
For the appellant, Palmieri Palmieri ( William Herda Smith).
For the respondents, Edward R. McGlynn.
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, TRENCHARD, CASE, BODINE, DONGES, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 13.