Smith v. Somers

Supreme Court of New Jersey

Smith v. Somers

16 N.J.L. 456

DecidedSeptember 15, 1838

StatusPublished

This text of 16 N.J.L. 456 (Smith v. Somers) 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. Somers, 16 N.J.L. 456 (N.J. 1838).

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Opinion

Per Curiam.

Such a rule on a Justice, implies that he is in default, and ought not therefore to be granted, unless it appears by affidavit, that the writ has been delivered to the Justice, and that he has been called on in a reasonable time thereafter, for his return to it, and that he neglects or refuses to deliver it. At least the counsel should be able to state as a fact within his own knowledge, that the writ had been delivered to the Justice, and that he had been called upon or his return to it, in a reasonable time.

The rule refused.

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Per Curiam.

Such a rule on a Justice, implies that he is in default, and ought not therefore to be granted, unless it appears by affidavit, that the writ has been delivered to the Justice, and that he has been called on in a reasonable time thereafter, for his return to it, and that he neglects or refuses to deliver it. At least the counsel should be able to state as a fact within his own knowledge, that the writ had been delivered to the Justice, and that he had been called upon or his return to it, in a reasonable time.

The rule refused.

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Bluebook (online)

16 N.J.L. 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-somers-nj-1838.