New Jersey Law Reports Volume 12

New Jersey Law Reports Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1831 edition. Excerpt: ...plaintiff in certiorari, however sound may be his legal conclusions as to the eifect of the divorce, which I have not examined, and do not propose to decide, cannot on that account prevail in obtaining a reversal of the judgment. ' The same course of reasoning proves to my satisfaction that the plaintiff in certiorari cannot avail himself of the alleged variance between the estate which the complainant avers in his complaint, and that which he is said to have held in the premises in question. The complainant was not required, in order to main'tain his action to shew on the trial his title or prove the natllre of his estate. But the defendant says, " you have averred that you had an estate for years, and I will shew that you had a_different one, an estate for the joint lives of yourself and wife." Can this be done without an inquiry into the estate of the complainant? I think not. How far such variance might be urged if the complainant had himself on the tr-ial_sh_e'Lvn the nature of his estate, or had been from the exigency ti the case compelled to disclose it, there will be time enough to inquire when the question is actually presented. There may be some incongruity between the section which directs the estate to be set out in the complaint, and that which forbids an inquiry into it." Some Ieb. Tu-in. thing of the hind seems to have occurred to the Chief J ust_i__ce, -'S31' when he remarked in Van./iulen v. Westbrook, Penn. 108, " How '$5-55?'; essential this part of the complaint is for the attainment of jus-vs. _ '-_. Houdrickson. tice it IS not necessary to state." It IS enough that the legisla-ture have forbidden any inquiry into the estate or merits of the title, more

Product details

  • Paperback | 150 pages
  • 189 x 246 x 8mm | 281g
  • United States
  • English
  • black & white illustrations
  • 1236738314
  • 9781236738318