Souder v. Lippincott

Supreme Court of New Jersey

Souder v. Lippincott

8 A. 729, 48 N.J.L. 437, 1886 N.J. Sup. Ct. LEXIS 45

DecidedJune 15, 1886

StatusPublished

This text of 8 A. 729 (Souder v. Lippincott) 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

Souder v. Lippincott, 8 A. 729, 48 N.J.L. 437, 1886 N.J. Sup. Ct. LEXIS 45 (N.J. 1886).

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Opinion

Per Curiam.

A rule to show cause why a judgment of non pros, should not be set aside was obtained, on the ground that the files of the court in the suit showed the judgment to [438]*438have been irregularly entered. The rule recited the matters-appearing by the files, which indicated the irregularity. The rule was served on the defendant’s attorney, but nothing-further was done under it until the time mentioned for showing cause. The plaintiff then moved that the rule be made absolute, and produced the files in support of his motion. The defendant objected that the files had not been offered in evidence previously, under the rule to show cause, so that he-might have had an opportunity of impugning their accuracy.

The plaintiff having apprised the defendant of the files upon which he would rely, may produce them without other-formality.

The rule should be made absolute.

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Per Curiam.

A rule to show cause why a judgment of non pros, should not be set aside was obtained, on the ground that the files of the court in the suit showed the judgment to [438]*438have been irregularly entered. The rule recited the matters-appearing by the files, which indicated the irregularity. The rule was served on the defendant’s attorney, but nothing-further was done under it until the time mentioned for showing cause. The plaintiff then moved that the rule be made absolute, and produced the files in support of his motion. The defendant objected that the files had not been offered in evidence previously, under the rule to show cause, so that he-might have had an opportunity of impugning their accuracy.

The plaintiff having apprised the defendant of the files upon which he would rely, may produce them without other-formality.

The rule should be made absolute.

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Bluebook (online)

8 A. 729, 48 N.J.L. 437, 1886 N.J. Sup. Ct. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/souder-v-lippincott-nj-1886.