New Jersey Law Reports Volume 88

New Jersey Law Reports Volume 88

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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. 1916 edition. Excerpt: ... and its refusal was error. "The judgment will be reversed, but without costs in this court." " For the appellant, Coult zf: Smith. For the respondent, Joseph K raemcr. PER CURIAM. This is an appeal from a judgment of the Supreme Court, reversing a judgment of the First District Court of Newark, which latter court under a claim of property adjudged that certain goods levied upon under an execution issued on a judgment against one Max Botnick were subject to the levy. We concur in the views expressed in the opinion of the Supreme Court. We question, however, the propriety of 'an appeal being taken from a judgment rendered on a claim of property in the District Court. Such a proceeding not being according to course of common law the appropriate remedy is the writ of certiomri. This is clearly to be gathered from what was said by Chief Justice Beasley, in Berry v; Ohamberlin, 53 N. J. L. 463. The method of procedure adopted in the present case was not challenged in the Supreme Court nor in this court, and the object of adverting to it is to make known that such practice does not receive the sanction of this court. The judgment will be afiirmed, with costs. BENNO SCHOPPER, APPELLANT, v. PAUL KRETSZSCHMAR VAND FANNY KRETSZSCHMAR, RESPONDENTS. Submitted July 6, 1915--Decided October 15, 1915. On appeal from the Supreme Court, in which court the following per curiam was filed: "The sole question is this: Was there evidence to support the finding of the trial judge that the note had been paid? We think there was. The defendant so test-ified. That the testimony might, or probably would, have led this court to a different conclusion, cannot avail the appellant. The rule is that if there is testimony to support more

Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236749413
  • 9781236749413