Dyer v. Ludlum
This text of 16 N.J.L. 531 (Dyer v. Ludlum) 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
— The appeal was demanded in due time, and if no return had ever been made, the court below ought to have made a rule on the Justice to send up the papers. But in this case, the appeal had been granted, and the transcript with the bond and affidavit filed with the clerk. If the Justice afterwards withdrew them, as it” is sworn he did, the court instead of dismissing the appeal, ought to have made a rule on the Justice to restore the papers to the files of the court, and then to have proceeded in the cause according to law. As it appears by affidavit, that due notice of this motion has been given to the adverse party, let a rule be entered for mandamus as prayed for.
Mandamus ordered.
Cited in Rodenburg v. Rosebury, 4 Zab. 492.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
16 N.J.L. 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyer-v-ludlum-nj-1838.