Newcomb v. Davis

2 N.J.L. 82

• Court: Supreme Court of New Jersey
• Decided: September 15, 1806
• Status: Published

Opinion

Kirkpatrick, C. J.

— This proceeding is altogether erroneous. The state of demand filed, does not contain a lawful ground of action. The judgment itself, too, is entered in figures and not in words at length, and this is assigned as a reason of reversal. According to the opinion of Cole and Petty.¹

I think this judgment must be reversed.

Rossell, J. — Concurred.

Pennington, J.

— This judgment being entered hi figures brings this case within that of Cole v. Petty, but [61] this is the least error in the proceedings; out of five separate and distinct charges for damages, there is not a single legal cause of action stated. I concur in the reversal.

Judgment reversed.

1 Ante, *60. — Ed.