Smith v. Nagel

Supreme Court of New Jersey

Smith v. Nagel

2 N.J. Misc. 474, 1924 N.J. Sup. Ct. LEXIS 141

DecidedMay 31, 1924

StatusPublished

This text of 2 N.J. Misc. 474 (Smith v. Nagel) 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

Smith v. Nagel, 2 N.J. Misc. 474, 1924 N.J. Sup. Ct. LEXIS 141 (N.J. 1924).

Pincite

Opinion

Per Curiam.

This writ brings up a conviction of the prosecutor by a justice of the peace “of the offense as charged in the complaint.”

Turning to the complaint we see that several distinct matters are therein charged. As to most of them, it is.clear that they constitute no violation of any statute or ordinance, and, as to those which conceivably do-, there is nothing to show what statute or ordinance has been violated.

It is therefore certain that the conviction cannot stand. It will be set aside, but without costs.

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Per Curiam.

This writ brings up a conviction of the prosecutor by a justice of the peace “of the offense as charged in the complaint.”

Turning to the complaint we see that several distinct matters are therein charged. As to most of them, it is.clear that they constitute no violation of any statute or ordinance, and, as to those which conceivably do-, there is nothing to show what statute or ordinance has been violated.

It is therefore certain that the conviction cannot stand. It will be set aside, but without costs.

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Bluebook (online)

2 N.J. Misc. 474, 1924 N.J. Sup. Ct. LEXIS 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-nagel-nj-1924.