Barney v. Scottish Union & National Insurance Co. of Edinburgh

Supreme Court of New Jersey

Barney v. Scottish Union & National Insurance Co. of Edinburgh

87 A. 117, 84 N.J.L. 572, 55 Vroom 572, 1913 N.J. Sup. Ct. LEXIS 79

DecidedJune 9, 1913

StatusPublished

This text of 87 A. 117 (Barney v. Scottish Union & National Insurance Co. of Edinburgh) 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

Barney v. Scottish Union & National Insurance Co. of Edinburgh, 87 A. 117, 84 N.J.L. 572, 55 Vroom 572, 1913 N.J. Sup. Ct. LEXIS 79 (N.J. 1913).

Pincite

Opinion

[573]*573The opinion of the court was delivered by

Voorhees, J.

This is an application made by the plaintiff for a rule dismissing the demurrer filed by the defendant to the amended replication of the plaintiff because of the failure of the defendant to serve a printed state of the case, and to bring the demurrer on for argument.

Under the Practice act, either party to a demurrer may bring it on for argument (Comp. Stat., p. 4094, § 130), but this section does not provide that the demurrant shall notice it for argument or serve the printed case.

Eule 31 of this court provides that the party moving such case for argument shall prepare the state of the case. Under these authorities the motion must be dismissed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

[573]*573The opinion of the court was delivered by

Voorhees, J.

This is an application made by the plaintiff for a rule dismissing the demurrer filed by the defendant to the amended replication of the plaintiff because of the failure of the defendant to serve a printed state of the case, and to bring the demurrer on for argument.

Under the Practice act, either party to a demurrer may bring it on for argument (Comp. Stat., p. 4094, § 130), but this section does not provide that the demurrant shall notice it for argument or serve the printed case.

Eule 31 of this court provides that the party moving such case for argument shall prepare the state of the case. Under these authorities the motion must be dismissed, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

87 A. 117, 84 N.J.L. 572, 55 Vroom 572, 1913 N.J. Sup. Ct. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barney-v-scottish-union-national-insurance-co-of-edinburgh-nj-1913.