Berger v. Lebret

Supreme Court of New Jersey

Berger v. Lebret

121 A. 83, 98 N.J.L. 867, 1923 N.J. LEXIS 292

DecidedMay 4, 1923

StatusPublished

This text of 121 A. 83 (Berger v. Lebret) 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

Berger v. Lebret, 121 A. 83, 98 N.J.L. 867, 1923 N.J. LEXIS 292 (N.J. 1923).

Pincite

Opinion

Pee Citbiam.

A cause entitled as above was listed as an appeal from the Supreme Court at this present term of this court. Only a notice of argument of an appeal has been filed with the clerk, and although a state of the case was printed, which, with briefs of both sides, was lodged with the sergeant-at-arms for the use of the judges, and has been distributed to them, no transcript of the record of the proceedings in the court below has been filed in this court, and, consequently, there is nothing before ns for review. The court cannot affirm or reverse a judgment that remains in the court below. Mershon v. Castree, 57 N. J. L. 484-5.

Unless a cause is removed from the court below to the court above in appropriate appellate proceedings (error in criminal cases and appeal in civil ones), the appellate court does not acquire jurisdiction to hear and determine it.

As there is no record before ns in this cause — not even a notice of appeal, the case must be stricken from the list.

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

Pee Citbiam.

A cause entitled as above was listed as an appeal from the Supreme Court at this present term of this court. Only a notice of argument of an appeal has been filed with the clerk, and although a state of the case was printed, which, with briefs of both sides, was lodged with the sergeant-at-arms for the use of the judges, and has been distributed to them, no transcript of the record of the proceedings in the court below has been filed in this court, and, consequently, there is nothing before ns for review. The court cannot affirm or reverse a judgment that remains in the court below. Mershon v. Castree, 57 N. J. L. 484-5.

Unless a cause is removed from the court below to the court above in appropriate appellate proceedings (error in criminal cases and appeal in civil ones), the appellate court does not acquire jurisdiction to hear and determine it.

As there is no record before ns in this cause — not even a notice of appeal, the case must be stricken from the list.

Cite This Page — Counsel Stack

Bluebook (online)

121 A. 83, 98 N.J.L. 867, 1923 N.J. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berger-v-lebret-nj-1923.