Burt v. Hicks

Supreme Court of New Jersey

Burt v. Hicks

3 N.J.L. 461

DecidedNovember 15, 1808

StatusPublished

This text of 3 N.J.L. 461 (Burt v. Hicks) 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

Burt v. Hicks, 3 N.J.L. 461 (N.J. 1808).

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Opinion

By the Court.

This state of demand contains unnecessary and superfluous matter, wholly immaterial, and therefore it may be rejected as surplussage; nor is it skilfully drawn, according to formal rules; but it contains a substantial cause of action; it charges the defendant wrong» fully, and with force of arms, taking from the plaintiff a horse, and that he unjustly detained and kept him to his injury. The state of demand is not skilfully drawn, hut we have over and over again decided, that technical formality is not required in the proceedings in justice’s courts:

Judgment must therefore he affirmed.

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By the Court.

This state of demand contains unnecessary and superfluous matter, wholly immaterial, and therefore it may be rejected as surplussage; nor is it skilfully drawn, according to formal rules; but it contains a substantial cause of action; it charges the defendant wrong» fully, and with force of arms, taking from the plaintiff a horse, and that he unjustly detained and kept him to his injury. The state of demand is not skilfully drawn, hut we have over and over again decided, that technical formality is not required in the proceedings in justice’s courts:

Judgment must therefore he affirmed.

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Bluebook (online)

3 N.J.L. 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burt-v-hicks-nj-1808.