Executors of Ackerman v. Van Houten

Supreme Court of New Jersey

Executors of Ackerman v. Van Houten

10 N.J.L. 395

DecidedMay 15, 1829

StatusPublished

This text of 10 N.J.L. 395 (Executors of Ackerman v. Van Houten) 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

Executors of Ackerman v. Van Houten, 10 N.J.L. 395 (N.J. 1829).

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Opinion

Ch. Justice.

We think this application too late. The discharge was obtained before' the commencement of the suit, and might have been pleaded, and probably would have been if not concealed, it would almost seem studiously from the attorney by the defendant who availed himself of another plea, which had no support and was relinquished at the Circuit. Allowing to the affidavit its utmost force, the only reason given for the delay, is an ignorance of the law.

Application overruled.

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Ch. Justice.

We think this application too late. The discharge was obtained before' the commencement of the suit, and might have been pleaded, and probably would have been if not concealed, it would almost seem studiously from the attorney by the defendant who availed himself of another plea, which had no support and was relinquished at the Circuit. Allowing to the affidavit its utmost force, the only reason given for the delay, is an ignorance of the law.

Application overruled.

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Bluebook (online)

10 N.J.L. 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executors-of-ackerman-v-van-houten-nj-1829.