194 A. 551 | N.J. | 1937
By stipulation of counsel for the respective parties, the above captioned causes, embracing a common issue, have been consolidated. From the stipulated facts it appears that each cause is before us on the return of a rule to show cause why a peremptory or alternative writ of mandamus should not issue compelling respondent to sign and deliver to each relator a $10,000 check pursuant to a resolution adopted on July 14th, 1937, by the board of commissioners of the city of Newark.
We learn that in pursuance of Pamph. L. 1907, ch.
That the relators rendered services is not disputed. That the amount of the fee sought to be collected is reasonable, was conceded by counsel for respondent on the argument at the bar of this court. The right, however, of the municipality to employ special counsel, under the circumstances here exhibited, is challenged. We think that right is clear both *67
by virtue of the decided cases (State, Hoxsey, Pros., v. Cityof Paterson,
The commissioners, under the exigencies of the case, chose relators as their legal representatives to appear and act for the municipality, and for them. The relators have performed their part of the undertaking; they are clearly entitled to be paid for their services.
Accordingly a peremptory writ of mandamus will issue in each cause, but without costs. *68