Miller v. White

Supreme Court of New Jersey

Miller v. White

15 N.J.L. 466

DecidedNovember 15, 1836

StatusPublished

This text of 15 N.J.L. 466 (Miller v. White) 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

Miller v. White, 15 N.J.L. 466 (N.J. 1836).

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Opinion

By the Court.

The Court of Common Pleas dismissed the appeal, on the ground, that it did not appear by the record, when the appeal was demanded; but upon inspecting the transcript, we find all the proceedings in the cause, before the Justice, regularly entered, in consecutive order, under date of the 16th July 1836, the day on which the trial took place. In the absence- therefore of any evidence to the contrary, or any circumstance to lead to a different conclusion, we must take the fact to be, that the appeal was demanded, on that day, after the Judgment had been rendered. Let a mandamus issue as prayed for.

A mandamus allowed.

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By the Court.

The Court of Common Pleas dismissed the appeal, on the ground, that it did not appear by the record, when the appeal was demanded; but upon inspecting the transcript, we find all the proceedings in the cause, before the Justice, regularly entered, in consecutive order, under date of the 16th July 1836, the day on which the trial took place. In the absence- therefore of any evidence to the contrary, or any circumstance to lead to a different conclusion, we must take the fact to be, that the appeal was demanded, on that day, after the Judgment had been rendered. Let a mandamus issue as prayed for.

A mandamus allowed.

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Bluebook (online)

15 N.J.L. 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-white-nj-1836.