Andruss v. Stewart

Supreme Court of New Jersey

Andruss v. Stewart

10 N.J.L. 160

DecidedSeptember 15, 1828

StatusPublished

This text of 10 N.J.L. 160 (Andruss v. Stewart) 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

Andruss v. Stewart, 10 N.J.L. 160 (N.J. 1828).

Pincite

Opinion

Cu. Justice.

The question is, whether the bond is a substantial compliance with tho law. We think it is; for although the infant may not bo bound, competent security is given to the appellee — and if with such a bond the appeal be not allowed, the infant may be prevented from appealing altogether, for the guardian is not obliged and may be unwilling to enter into the appeal bond, and thereby reader himself liable for the payment of the ■¿fim recovered and costs.

Peremptory mandamus ordered.

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Cu. Justice.

The question is, whether the bond is a substantial compliance with tho law. We think it is; for although the infant may not bo bound, competent security is given to the appellee — and if with such a bond the appeal be not allowed, the infant may be prevented from appealing altogether, for the guardian is not obliged and may be unwilling to enter into the appeal bond, and thereby reader himself liable for the payment of the ■¿fim recovered and costs.

Peremptory mandamus ordered.

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Bluebook (online)

10 N.J.L. 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andruss-v-stewart-nj-1828.