Administrators of Ryerson v. Ryerson

Supreme Court of New Jersey

Administrators of Ryerson v. Ryerson

4 N.J.L. 363

DecidedFebruary 15, 1817

StatusPublished

This text of 4 N.J.L. 363 (Administrators of Ryerson v. Ryerson) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Administrators of Ryerson v. Ryerson, 4 N.J.L. 363 (N.J. 1817).

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Opinion

The plaintiff below brought his suit against one only, whereas there were two administrators. The defendant filed no plea in writing, but at the trial moved for a non-suit upon that ground. The justice overruled the motion, and judgment was given for the plaintiff. The administrators sued out the certiorari, to be relieved from this judgment; and the court ruled, 1. That the error in bringing the suit was fatal. And 2. That a defendant need not plead it in abatement, in writing, in the court for the trial of small causes, but might take advantage of it, by motion for a nonsuit.

Judgment reversed.

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The plaintiff below brought his suit against one only, whereas there were two administrators. The defendant filed no plea in writing, but at the trial moved for a non-suit upon that ground. The justice overruled the motion, and judgment was given for the plaintiff. The administrators sued out the certiorari, to be relieved from this judgment; and the court ruled, 1. That the error in bringing the suit was fatal. And 2. That a defendant need not plead it in abatement, in writing, in the court for the trial of small causes, but might take advantage of it, by motion for a nonsuit.

Judgment reversed.

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Bluebook (online)

4 N.J.L. 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/administrators-of-ryerson-v-ryerson-nj-1817.