Gulick v. Thompson

Supreme Court of New Jersey

Gulick v. Thompson

4 N.J.L. 292

DecidedNovember 15, 1818

StatusPublished

This text of 4 N.J.L. 292 (Gulick v. Thompson) 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

Gulick v. Thompson, 4 N.J.L. 292 (N.J. 1818).

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Opinion

'By the Court.

The judgment must be opened, on the usual terms, upon the affidavit of merits. The nature of these proceedings furnish peculiar reason why the affidavit should be regarded favourably. It is true that the defendant may appear or be brought into court, under our statute, in a number of ways ; and when he is in, the plaintiff may file his declaration and progress in his cause. But the proceedings against joint debtors, are of a harsh character and sometimes subject them to unfair and unjust judgments. See Ford v. Munson, page 93.

Judgment opened and rule to plead.

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'By the Court.

The judgment must be opened, on the usual terms, upon the affidavit of merits. The nature of these proceedings furnish peculiar reason why the affidavit should be regarded favourably. It is true that the defendant may appear or be brought into court, under our statute, in a number of ways ; and when he is in, the plaintiff may file his declaration and progress in his cause. But the proceedings against joint debtors, are of a harsh character and sometimes subject them to unfair and unjust judgments. See Ford v. Munson, page 93.

Judgment opened and rule to plead.

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Bluebook (online)

4 N.J.L. 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulick-v-thompson-nj-1818.