New Jersey Law Reports Volume 57

New Jersey Law Reports Volume 57

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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. 1896 edition. Excerpt: ... that the Common Pleas would not acquire jurisdiction to try a case on appeal de novo until it appeared that no case could be agreed on by the parties and that the district judge had been regularly applied to, to settle the case, and had failed to do so for the period named in the act of 1888. The construction given to the act of 1888 by the Common Pleas would confer jurisdiction on that court to try an appealed case de novo even where the parties had agreed upon a. state of the case. This meaning could not be given without violence to the plain intent of the act, which was to furnish an appellant a way to dispose of his appeal speedily, and notwithstanding failure and delays on the part of the district judge. A As the facts necessary to authorize the Common Pleas to retry the case did not appear before that court, it was error for it to nonsuit prosecutrix for not bringing the case to trial. As defendant failed to present a case agreed on by the parties or settled by the district judge, or to show that the district judge had been duly applied to, to settle the case, and had failed to do so for three months from judgment rendered, it was clear that he had not properly prosecuted his appeal, and it should have been dismissed. The result is that the judgment of the Common Pleas should be reversed, with costs, and the cause be remitted to that court, to the end that the appeal may be dismissed, in accordance with this Opinion. An indictment charged defendant with committing acts in the township of Little Egg Harbor, in the county of Ocean, which would be misdemeanors under the "Act to protect the planting and cultivating of oysters in the tide waters of the county of Ocean," approved May 11th, 1886, if that act applies to that...
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Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236760794
  • 9781236760791