State v. Judges of Bergen Common Pleas

Supreme Court of New Jersey

State v. Judges of Bergen Common Pleas

3 N.J.L. 737

DecidedFebruary 15, 1811

StatusPublished

This text of 3 N.J.L. 737 (State v. Judges of Bergen Common Pleas) 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

State v. Judges of Bergen Common Pleas, 3 N.J.L. 737 (N.J. 1811).

Pincite

Opinion

By the Court.

— Under the circumstances of this case, the Court of Common Pleas ought to have proceeded to try the cause; the act requiring the justice to send the bond, transcript, &c. to the Clerk of the Court of Common Pleas, on or before the first day of the next term, is only directory to the justice, and not conclusive on the Court. The mandamus must therefore issue.

Rule absolute for a peremptory Mandamus.

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By the Court.

— Under the circumstances of this case, the Court of Common Pleas ought to have proceeded to try the cause; the act requiring the justice to send the bond, transcript, &c. to the Clerk of the Court of Common Pleas, on or before the first day of the next term, is only directory to the justice, and not conclusive on the Court. The mandamus must therefore issue.

Rule absolute for a peremptory Mandamus.

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Bluebook (online)

3 N.J.L. 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-judges-of-bergen-common-pleas-nj-1811.