Freas v. Jones

Supreme Court of New Jersey

Freas v. Jones

16 N.J.L. 358

DecidedFebruary 15, 1838

StatusPublished

This text of 16 N.J.L. 358 (Freas v. Jones) 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

Freas v. Jones, 16 N.J.L. 358 (N.J. 1838).

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Opinion

IIornb lower, C. J.

In all fairness, this appeal ought not to have been dismissed. Since the first mandamus, this Court has decided, that in all anterior cases, the indorsing the affidavit on the back of the bond, would not be considered fatal; but the bar were informed that in subsequent cases, the affidavit will be good, but the bond is thereby vitiated, and a new one may be substituted. In the present case, the bond being dated in 1832, prior to the decision in 3 Green 20, strictly speaking, no new bond is necessary, but one may be substituted.

Ford J. and Ryebsoít J. concurred.

Mandamus ordered.

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IIornb lower, C. J.

In all fairness, this appeal ought not to have been dismissed. Since the first mandamus, this Court has decided, that in all anterior cases, the indorsing the affidavit on the back of the bond, would not be considered fatal; but the bar were informed that in subsequent cases, the affidavit will be good, but the bond is thereby vitiated, and a new one may be substituted. In the present case, the bond being dated in 1832, prior to the decision in 3 Green 20, strictly speaking, no new bond is necessary, but one may be substituted.

Ford J. and Ryebsoít J. concurred.

Mandamus ordered.

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Bluebook (online)

16 N.J.L. 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freas-v-jones-nj-1838.