Farley v. Sergeant

Supreme Court of New Jersey

Farley v. Sergeant

2 N.J.L. 141

DecidedNovember 15, 1806

StatusPublished

This text of 2 N.J.L. 141 (Farley v. Sergeant) 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

Farley v. Sergeant, 2 N.J.L. 141 (N.J. 1806).

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Opinion

By the Court.

— We cannot affirm a judgment, until we see the state of demand, in order that we may judge of its sufficiency. But where there is no appearance of the defendant, and it appears by the transcript of the justice that a demand was filed, the plaintiff must take a rule on the justice to send up the state of demand; in case the defendant appears, he must, for his own protection, take the rule. Accordingly, a rule, in this case, was taken by the plaintiff.¹

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By the Court.

— We cannot affirm a judgment, until we see the state of demand, in order that we may judge of its sufficiency. But where there is no appearance of the defendant, and it appears by the transcript of the justice that a demand was filed, the plaintiff must take a rule on the justice to send up the state of demand; in case the defendant appears, he must, for his own protection, take the rule. Accordingly, a rule, in this case, was taken by the plaintiff.¹

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Bluebook (online)

2 N.J.L. 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farley-v-sergeant-nj-1806.