West v. Richards

Supreme Court of New Jersey

West v. Richards

16 N.J.L. 455

DecidedSeptember 15, 1838

StatusPublished

This text of 16 N.J.L. 455 (West v. Richards) 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

West v. Richards, 16 N.J.L. 455 (N.J. 1838).

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Opinion

Per Cur.

The defendants who did not appear may have a Certiorari; but upon the return of the writ, a rule ought to have [456]*456been taken and served on West, to shew cause, why they should not be permitted to prosecute it without him. But as it was uncertain what would be the Justice’s answer to the rule made on him: and as there has been some looseness hitherto in the practice in such cases, let the plaintiffs in Certiorari who did not appear before the Justice, take a rule on West to shew cause during this term, why they should not prosecute this suit without him.

Motion for dismissal refused.

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Per Cur.

The defendants who did not appear may have a Certiorari; but upon the return of the writ, a rule ought to have [456]*456been taken and served on West, to shew cause, why they should not be permitted to prosecute it without him. But as it was uncertain what would be the Justice’s answer to the rule made on him: and as there has been some looseness hitherto in the practice in such cases, let the plaintiffs in Certiorari who did not appear before the Justice, take a rule on West to shew cause during this term, why they should not prosecute this suit without him.

Motion for dismissal refused.

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Bluebook (online)

16 N.J.L. 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-richards-nj-1838.