Weller v. Parke

3 N.J.L. 662
Supreme Court of New Jersey·Decided May 15, 1810·Published

Opinion

By the Court.

The judgment that the justice is to render, is not that the defendant is guilty. This is found by the jury; but he is to render judgment that the plaintiff be restored to the land which the defendant [f ] is found guilty [240]*240of forcibly entering and detaining from him. There is no judgment of restitution; this is therefore error.

Judgment reversed.

Cited in Cowman v. Barber, 2 Penn. 661; Townley v. Rutan, Spen. 604 Approved in Kerr v. Phillips, 2 South. 818.

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Weller v. Parke, 3 N.J.L. 662 (N.J. 1810).

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