
    TRENTON AND MERCER COUNTY TRACTION CORPORATION, APPELLANT, v. CITY OF TRENTON, RESPONDENT.
    Argued July 3, 1922
    Decided November 20, 1922.
    The status of a prosecutor to initiate and conduct a proceeding by certiorari not considered on appeal, where not raised or argued in t-he court below or the appellate court..
    On appeal from the Supreme Court on certiorari, whose opinion is reported in 97 N. J. L. 84.
    Bor the appellant, Katzenbach & Muni.
    
    Bor the respondent, Israel Weissberg and Geraghty & Weelans.
    
   Per Curiam.

A question presents itself upon this record as to- the status of the prosecutor to initiate and conduct this proceeding, but the question was not raised or argued in the Supreme Court or here, and, therefore, we express no opinion upon it. See Levy v. Elizabeth, 81 N. J. L. 643, and cases cited.

The judgment under review herein should be affirmed,-'for the reasons expressed in the opinion delivered by Mr. Justice Mintum in the Supreme Court.

For affirmance — The Chancellor, Chief Justice, Swayze, Kalisch, Black, Katzenbach, Gardner, Ackerson, Van Buskirk, JJ. 9.

For reversal — None.  