In re Miller

In the case of In re Miller, 122 N.J.L. 176, 4 A.2d 522, 522 (1939), the New Jersey Supreme Court invalidated a statute because:

“

This is a proceeding inaugurated by two citizens of the state, under the statute (R.S. 1:7-4), to have an act of the legislature decreed by this court to be null and void. The statute invoked (R.S. 1:7-1 to 1:7-7) has to do with judicial annulment of laws or joint resolutions. By its first section, action looking to the annulment of laws or joint resolutions may be initiated by the governor or person administering the government of the state, by petition presented by the attorney-general; and by its fourth section like attack may be made, as in this case, on any law or joint resolution on the petition of two citizens.

”

The Court held that a 1938 enactment by the New Jersey Legislature was "null and void," because of "failure to give notice of intention and want of publication of same." In re Miller, 122 N.J.L. 176, 4 A.2d 522, 523 (1939).