Vanmater v. Real

Supreme Court of New Jersey

Vanmater v. Real

3 N.J.L. 472

DecidedFebruary 15, 1809

StatusPublished

This text of 3 N.J.L. 472 (Vanmater v. Real) 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

Vanmater v. Real, 3 N.J.L. 472 (N.J. 1809).

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Opinion

By the Court.

The justice has mistaken the law; it was not a question of right, but of jurisdiction. The [*] action below, was nothing more or less than an action of quart clausum fregit; the defendant plead title and tendered a bond; this, by the express word of the statute, ousted the justice of any further jurisdiction in the cause. Whether the defendant below did right in entering the house, and pulling it down, and injuring the property of the plaintiff, was to be tried by another tribunal provided by law.

Judgment reversed.

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By the Court.

The justice has mistaken the law; it was not a question of right, but of jurisdiction. The [*] action below, was nothing more or less than an action of quart clausum fregit; the defendant plead title and tendered a bond; this, by the express word of the statute, ousted the justice of any further jurisdiction in the cause. Whether the defendant below did right in entering the house, and pulling it down, and injuring the property of the plaintiff, was to be tried by another tribunal provided by law.

Judgment reversed.

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Bluebook (online)

3 N.J.L. 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanmater-v-real-nj-1809.