Murray v. M'Dougall

Supreme Court of New Jersey

Murray v. M'Dougall

3 N.J.L. 956

DecidedMay 15, 1812

StatusPublished

This text of 3 N.J.L. 956 (Murray v. M'Dougall) 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

Murray v. M'Dougall, 3 N.J.L. 956 (N.J. 1812).

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Opinion

Pennington J.

— It is every day’s practice to set aside

a nonsuit improperly ordered by the court, if a judge at the Circuit, has, by illegal admission or rejection of evidence, driven the plaintiff to suffer a nonsuit. I am not satisfied but that the nonsuit should be set aside, and the plaintiff re-instated; and incline to the opinion, that the plaintiff be heard on the illegality of the testimony admitted at the Circuit. Rule refused.

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Pennington J.

— It is every day’s practice to set aside

a nonsuit improperly ordered by the court, if a judge at the Circuit, has, by illegal admission or rejection of evidence, driven the plaintiff to suffer a nonsuit. I am not satisfied but that the nonsuit should be set aside, and the plaintiff re-instated; and incline to the opinion, that the plaintiff be heard on the illegality of the testimony admitted at the Circuit. Rule refused.

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Bluebook (online)

3 N.J.L. 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-mdougall-nj-1812.