Lewis v. Little

Supreme Court of New Jersey

Lewis v. Little

5 N.J.L. 685

DecidedSeptember 15, 1819

StatusPublished

This text of 5 N.J.L. 685 (Lewis v. Little) 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

Lewis v. Little, 5 N.J.L. 685 (N.J. 1819).

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Opinion

Kirkpatrick C. J.

This is an action against Lewis, as the surety of Wolcott, a constable. It ought to have been brought on the bond given by the constable and his sureties, in the name of the inhabitants of the township, and not otherwise.

Southard J.

Consent will not cure the error; but here is no consent that the action should not be brought [789]*789on the bond ; it is mere consent that suit might be commeneed without process, and leaves the defendant liberty to take every objection to the form of the action.

Judgment reversed.

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Kirkpatrick C. J.

This is an action against Lewis, as the surety of Wolcott, a constable. It ought to have been brought on the bond given by the constable and his sureties, in the name of the inhabitants of the township, and not otherwise.

Southard J.

Consent will not cure the error; but here is no consent that the action should not be brought [789]*789on the bond ; it is mere consent that suit might be commeneed without process, and leaves the defendant liberty to take every objection to the form of the action.

Judgment reversed.

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Bluebook (online)

5 N.J.L. 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-little-nj-1819.