Den ex dem. Ely v. Fen

Supreme Court of New Jersey

Den ex dem. Ely v. Fen

12 N.J.L. 322

DecidedMay 15, 1831

StatusPublished

This text of 12 N.J.L. 322 (Den ex dem. Ely v. Fen) 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

Den ex dem. Ely v. Fen, 12 N.J.L. 322 (N.J. 1831).

Pincite

Opinion

By the Court.

Let the judgment be set aside. Wall then stated, that the tenant in possession had been turned oat of possession by virtue of a writ of habere facias issued upon this judgment, and applied for a writ of restitution with costs.

[370]*370Hamilton insisted that the tenant ought not to have costs.

By the Court. Let the writ of restitution issue with costs. He who is thus illegally turned out of possession, should have costs.

Hamilton then applied for leave to amend the affidavit, which was granted by the court.

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By the Court.

Let the judgment be set aside. Wall then stated, that the tenant in possession had been turned oat of possession by virtue of a writ of habere facias issued upon this judgment, and applied for a writ of restitution with costs.

[370]*370Hamilton insisted that the tenant ought not to have costs.

By the Court. Let the writ of restitution issue with costs. He who is thus illegally turned out of possession, should have costs.

Hamilton then applied for leave to amend the affidavit, which was granted by the court.

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Bluebook (online)

12 N.J.L. 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/den-ex-dem-ely-v-fen-nj-1831.