De Wit v. Decker

Supreme Court of New Jersey

De Wit v. Decker

9 N.J.L. 149

DecidedMay 15, 1827

StatusPublished

This text of 9 N.J.L. 149 (De Wit v. Decker) 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

De Wit v. Decker, 9 N.J.L. 149 (N.J. 1827).

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Opinion

By the Court.

"VVe are all of opinion, that the term sheriff, (made use of in the third section of the supplement to the act constituting courts for the trial of small causes, Rev. Laws 797,) means the proper returning officer; and if there is a legal objection to the sheriff, the Court of Common Pleas are fully competent to order the coroners to return a jury. Upon principle, we should hesitate to prescribe, by mandamus, the particular course to be pursued by the Court of Common Pleas, and it is to be understood that we do it in this case only in consequence of the express agreement of the.parties.

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By the Court.

"VVe are all of opinion, that the term sheriff, (made use of in the third section of the supplement to the act constituting courts for the trial of small causes, Rev. Laws 797,) means the proper returning officer; and if there is a legal objection to the sheriff, the Court of Common Pleas are fully competent to order the coroners to return a jury. Upon principle, we should hesitate to prescribe, by mandamus, the particular course to be pursued by the Court of Common Pleas, and it is to be understood that we do it in this case only in consequence of the express agreement of the.parties.

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Bluebook (online)

9 N.J.L. 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-wit-v-decker-nj-1827.