Roberts v. Holsworth

Supreme Court of New Jersey

Roberts v. Holsworth

10 N.J.L. 57

CourtSupreme Court of New Jersey

DecidedMay 15, 1828

StatusPublished

Cited by9 cases

This text of 10 N.J.L. 57 (Roberts v. Holsworth) 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

Roberts v. Holsworth, 10 N.J.L. 57 (N.J. 1828).

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Opinion

Ch. Justice.

To officers, a writ of mandamus may go to direct them how to'proceed, and what to do; but a mandamus to a Court, only, directs them to proceed according to law, and does not direct them how to proceed. The furthest we have ever gone in these cases of mandamus, is in appeals to the Common Pleas, from iLu judgment of a justice, where we have directed the Court of Common Pleas, to restore an appeal which had been dismissed. But this is in effect nothing more than ordering them to proceed, and not directing the manner in which they shall proceed. Motion denied.

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Ch. Justice.

To officers, a writ of mandamus may go to direct them how to'proceed, and what to do; but a mandamus to a Court, only, directs them to proceed according to law, and does not direct them how to proceed. The furthest we have ever gone in these cases of mandamus, is in appeals to the Common Pleas, from iLu judgment of a justice, where we have directed the Court of Common Pleas, to restore an appeal which had been dismissed. But this is in effect nothing more than ordering them to proceed, and not directing the manner in which they shall proceed. Motion denied.

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Bluebook (online)

10 N.J.L. 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-holsworth-nj-1828.

Opinion

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