Backer v. Van Fleit

Supreme Court of New Jersey

Backer v. Van Fleit

13 N.J.L. 195

DecidedMay 15, 1832

StatusPublished

This text of 13 N.J.L. 195 (Backer v. Van Fleit) 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

Backer v. Van Fleit, 13 N.J.L. 195 (N.J. 1832).

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Opinion

By the Court.

We see no objection to the amendment of' the docket, according to the truth of the fact. As to the presence, of the defendant at the time of the rendition of the judgment,, the certificate of the justice is equivocal, but as the plaintiff did not appear on that day, and as the adjournment was to the 12th of August, generally, without specifying any hour, and as one. of the defendants did appear before the justice and the judgment, was, on that day, communicated to him, we think the docket as. amended, may, with a liberal construction, be understood to show that the defendant was present at the rendition of the: judgment, and that the Court of Common Pleas erred in dismissing the appeal. — Take a mandamus, or a rule on the Court, of Common Pleas to reinstate the appeal.

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By the Court.

We see no objection to the amendment of' the docket, according to the truth of the fact. As to the presence, of the defendant at the time of the rendition of the judgment,, the certificate of the justice is equivocal, but as the plaintiff did not appear on that day, and as the adjournment was to the 12th of August, generally, without specifying any hour, and as one. of the defendants did appear before the justice and the judgment, was, on that day, communicated to him, we think the docket as. amended, may, with a liberal construction, be understood to show that the defendant was present at the rendition of the: judgment, and that the Court of Common Pleas erred in dismissing the appeal. — Take a mandamus, or a rule on the Court, of Common Pleas to reinstate the appeal.

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Bluebook (online)

13 N.J.L. 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/backer-v-van-fleit-nj-1832.