Harrison R. Van Duyne, Inc. v. Senior

Supreme Court of New Jersey

Harrison R. Van Duyne, Inc. v. Senior

135 A. 676, 5 N.J. Misc. 158, 1927 N.J. Sup. Ct. LEXIS 363

DecidedJanuary 19, 1927

StatusPublished

This text of 135 A. 676 (Harrison R. Van Duyne, Inc. v. Senior) 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

Harrison R. Van Duyne, Inc. v. Senior, 135 A. 676, 5 N.J. Misc. 158, 1927 N.J. Sup. Ct. LEXIS 363 (N.J. 1927).

Pincite

Opinion

Per Curiam.

In the case No. 38 there is a demurrer to the return of an alternative writ of mandamus in what purports to be a zoning case. Case No. 73 is a motion to strike out the return. This latter motion must be denied under the case of McAllister v. Atlantic City, 90 N. J. L. 93. The Practice act of 1912 (Pamph. L. 1912, p. 377) does not apply to pleadings resting on a prerogative writ.

Case No. 73 — the demurrer must be overruled, because the return to the alternative writ sets up and raises substantial issues of fact, which are admitted by the demurrer.

The motion to strike out in case No. 73 is denied and the demurrer is overruled, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

In the case No. 38 there is a demurrer to the return of an alternative writ of mandamus in what purports to be a zoning case. Case No. 73 is a motion to strike out the return. This latter motion must be denied under the case of McAllister v. Atlantic City, 90 N. J. L. 93. The Practice act of 1912 (Pamph. L. 1912, p. 377) does not apply to pleadings resting on a prerogative writ.

Case No. 73 — the demurrer must be overruled, because the return to the alternative writ sets up and raises substantial issues of fact, which are admitted by the demurrer.

The motion to strike out in case No. 73 is denied and the demurrer is overruled, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

135 A. 676, 5 N.J. Misc. 158, 1927 N.J. Sup. Ct. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-r-van-duyne-inc-v-senior-nj-1927.