Jersey Publishing Co. v. McCutcheon

Supreme Court of New Jersey

Jersey Publishing Co. v. McCutcheon

146 A. 300, 7 N.J. Misc. 515, 1929 N.J. Sup. Ct. LEXIS 248

DecidedMay 22, 1929

StatusPublished

This text of 146 A. 300 (Jersey Publishing Co. v. McCutcheon) 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

Jersey Publishing Co. v. McCutcheon, 146 A. 300, 7 N.J. Misc. 515, 1929 N.J. Sup. Ct. LEXIS 248 (N.J. 1929).

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Opinion

Pee Cueiam.

The relator has presented, on notice, a petition and affidavits, and asks for a peremptory writ of mandamus. In such case ordinarily a peremptory writ should not be awarded, but an alternative writ at most. State v. Elkinton, 30 N. J. L. 337.

At the argument, in an informal wajr, the respondent caused to be laid before us by affidavit matters which it was contended constitute a sufficient reason for his refusal of the demand made upon him.

Inasmuch as the facts stated in the affidavit thus presented are not admitted by the relator, we think we are not permitted, in considering the application, to examine the matters set forth therein, but that an alternative writ should issue to the end that by formal return or other or further [516]*516pleadings an issue may be raised and appropriate action thereon taken by the court; upon which determination the right of review may be preserved.

A rule- will be entered for an alternative writ.

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Pee Cueiam.

The relator has presented, on notice, a petition and affidavits, and asks for a peremptory writ of mandamus. In such case ordinarily a peremptory writ should not be awarded, but an alternative writ at most. State v. Elkinton, 30 N. J. L. 337.

At the argument, in an informal wajr, the respondent caused to be laid before us by affidavit matters which it was contended constitute a sufficient reason for his refusal of the demand made upon him.

Inasmuch as the facts stated in the affidavit thus presented are not admitted by the relator, we think we are not permitted, in considering the application, to examine the matters set forth therein, but that an alternative writ should issue to the end that by formal return or other or further [516]*516pleadings an issue may be raised and appropriate action thereon taken by the court; upon which determination the right of review may be preserved.

A rule- will be entered for an alternative writ.

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Bluebook (online)

146 A. 300, 7 N.J. Misc. 515, 1929 N.J. Sup. Ct. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jersey-publishing-co-v-mccutcheon-nj-1929.