New Jersey Law Reports Volume 38

New Jersey Law Reports Volume 38

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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. 1876 edition. Excerpt: refused to sign the report; that another, who did concur, was suddenly called away by sickness in his family, while the report was preparing; that the other four remained, and made and signed the return together; and, on the following day, the fifth surveyor who had concurred, came in and signed it. These facts satisfy the law. The statute says, the surveyors, or a majority of them, shall make and sign an amended return; and, beyond cavil, four, a majority of these surveyors, made and signed this return. The last reason assigned, that the surveyors amended the return in regard to matters and persons not indicated in or directed by the order of the court, has been sufiioiently adverted to in what was said upon the first reason. The changes which the surveyors made were within the range of that exercise of power which was required to correct the error and defect pointed out by the court. No sufficient cause for reversing the proceedings brought up for review is alleged, and, therefore, they must be afiirmed, with costs. CYRENEUS HE_lDRICISON ET AL. ADs. JOHN W. HERBERT ET AL. 1-Vhere, at common law, an action would abate by the death of a party, such death should, under our statute, be suggested on the record by the party desiring the suit to proceed, and the opposite party should be ruled to take his next step, before he can be put in default. An action of trespass quare clauaum fregit, is not, at common law, abated by the death of one of several defendants; and in case of such death, no suggestion or rule is necessary.-, In trespass. On motion to set aside a judgment by default, in order that the defendants might plead. Argued at November Term, 1875, before Justices SCUDDr-: R and DIXON. For the motion, Kingman. Contra, 0. Robbins. The..
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Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • United States
  • English
  • black & white illustrations
  • 1236983599
  • 9781236983596