Clement v. Stanger

Supreme Court of New Jersey

Clement v. Stanger

68 A. 97, 75 N.J.L. 287, 1907 N.J. Sup. Ct. LEXIS 7

Supreme Court of New Jersey·Decided December 4, 1907·Published·Cited by 1 cases

Opinion

[289]*289Tlie opinion of the court was delivered by

Garrison, J.

We think that the action is transitory. The ■action is not brought to recover possession of the farm, but solely for damages for personal derelictions of a covenantor. Such an action is transitory. Ward v. Holmes, 2 Halst. 171; Mehrhof v. Railroad Company, 22 Vroom 56.

The point decided in Hill v. Nelson, 41 Vroom 376, and followed in Doherty v. Cement Company, 43 Id. 315, is aside from the present question, but the discussion contained in the former opinion is instructive. The rule to show cause is discharged, with costs.

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[289]*289Tlie opinion of the court was delivered by

Garrison, J.

We think that the action is transitory. The ■action is not brought to recover possession of the farm, but solely for damages for personal derelictions of a covenantor. Such an action is transitory. Ward v. Holmes, 2 Halst. 171; Mehrhof v. Railroad Company, 22 Vroom 56.

The point decided in Hill v. Nelson, 41 Vroom 376, and followed in Doherty v. Cement Company, 43 Id. 315, is aside from the present question, but the discussion contained in the former opinion is instructive. The rule to show cause is discharged, with costs.

Clement v. Stanger, 68 A. 97, 75 N.J.L. 287, 1907 N.J. Sup. Ct. LEXIS 7 (N.J. 1907).

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Opinion

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