Charles Evans Hughes

“ Upon the merits, we need not go beyond the point on which the court of appeals rested its decision. The court held that the wall placed on the appellees' land was not a party wall. In the building regulations a party wall is defined as 'a wall built upon the dividing line between adjoining premises, for their common use.' The fundamental idea is that of mutual benefit. It is manifest that not every sort of construction projecting over the boundary, although it may form part of the exterior wall of a building, can be called a party wall. ”

“ To justify a review of the decision under the act governing this appeal it is sufficient if the validity of the authority is drawn in question, irrespective of the conclusion reached by the court below. ”