Cortleyou v. Cortleyou
This text of 2 N.J.L. 319 (Cortleyou v. Cortleyou) 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.
Opinion
ON CERTIORARI.
Judgment for more than the demand, reversed
it appeared from the transcript of the justice, that the plaintiff below, who is the defendant in certiorari, [*] delivered the justice on account for keeping a negro, §29.75. The cause was tried by jury, who found for the plaintiff below, $30 — and that the justice rendered judgment for that sum. It was assigned for error, that the justice rendered judgment for a sum exceeding in amount, the demand of the plaintiff*; and for this error, the court reversed the judgment.1
In this case the plaintiff should have remitted the excess, and taken, his judgment for the sum demanded.
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2 N.J.L. 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cortleyou-v-cortleyou-nj-1807.