Trenton Mutual Life & Fire Insurance v. Hodges

Supreme Court of New Jersey

Trenton Mutual Life & Fire Insurance v. Hodges

24 N.J.L. 673

DecidedFebruary 15, 1855

StatusPublished

This text of 24 N.J.L. 673 (Trenton Mutual Life & Fire Insurance v. Hodges) 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

Trenton Mutual Life & Fire Insurance v. Hodges, 24 N.J.L. 673 (N.J. 1855).

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Opinion

By the Court.

This is a special motion, and requires two days’ notice. Time to declare or plead, like amendments, are authorized at the discretion of the court, but are not “ proceedings specifically directed by the statute,” and are therefore not within the exception contained in the twenty-[674]*674¡second rule of the court. It should be remembered, too, that when special circumstances are required to entitle a party to his motion, those circumstances ought to be verified $>y affidavit, unless they are admitted by the opposite party.

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By the Court.

This is a special motion, and requires two days’ notice. Time to declare or plead, like amendments, are authorized at the discretion of the court, but are not “ proceedings specifically directed by the statute,” and are therefore not within the exception contained in the twenty-[674]*674¡second rule of the court. It should be remembered, too, that when special circumstances are required to entitle a party to his motion, those circumstances ought to be verified $>y affidavit, unless they are admitted by the opposite party.

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Bluebook (online)

24 N.J.L. 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trenton-mutual-life-fire-insurance-v-hodges-nj-1855.