Hunt v. Kearney

Supreme Court of New Jersey

Hunt v. Kearney

3 N.J.L. 720

DecidedNovember 15, 1810

StatusPublished

This text of 3 N.J.L. 720 (Hunt v. Kearney) 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

Hunt v. Kearney, 3 N.J.L. 720 (N.J. 1810).

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Opinion

Pennington, J.

— The action below was brought by James Kearney, styling himself acting executor of Ravaud Kearney, deceased, for arrearages of rent. On the first appearance of the parties, the defendant objected to the authority of the plaintiff; that three other persons were executors of Ravaud Kearney. The justice over-ruled this objection, and proceeded to try the cause. The justice ought not to have over-ruled this matter; the objection was taken in time. The plaintiff ought to have made out his authority, The very style of action shows that if the plaintiff below was executor at all, that he was not sole executor, by styling himself acting executor. If others were executors with him, they ought to have been made plaintiffs. I am of opinion, that the judgment be reversed.

Kirkpatrick, C. J. and Rosseii, J__Of the same opinion. Judgment reversed.

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Pennington, J.

— The action below was brought by James Kearney, styling himself acting executor of Ravaud Kearney, deceased, for arrearages of rent. On the first appearance of the parties, the defendant objected to the authority of the plaintiff; that three other persons were executors of Ravaud Kearney. The justice over-ruled this objection, and proceeded to try the cause. The justice ought not to have over-ruled this matter; the objection was taken in time. The plaintiff ought to have made out his authority, The very style of action shows that if the plaintiff below was executor at all, that he was not sole executor, by styling himself acting executor. If others were executors with him, they ought to have been made plaintiffs. I am of opinion, that the judgment be reversed.

Kirkpatrick, C. J. and Rosseii, J__Of the same opinion. Judgment reversed.

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Bluebook (online)

3 N.J.L. 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-kearney-nj-1810.