Westervelt v. Marinus

Supreme Court of New Jersey

Westervelt v. Marinus

3 N.J.L. 693

DecidedSeptember 15, 1810

StatusPublished

This text of 3 N.J.L. 693 (Westervelt v. Marinus) 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

Westervelt v. Marinus, 3 N.J.L. 693 (N.J. 1810).

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Opinion

Pennington, J.

— Suppose this cause under trial on the present pleadings, who would have the onus; would not the plaintiff be bound to make.out the trespass?

Hornblower, I apprehend not; if the' proceeding before the justice should be suggested on the record, according to the intimation in the New-York case.

Th;e Court took time till the next day to consider the question; when they were unanimously of opinion, that the plaintiff was intitled to his motion. Rule allowed.

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Pennington, J.

— Suppose this cause under trial on the present pleadings, who would have the onus; would not the plaintiff be bound to make.out the trespass?

Hornblower, I apprehend not; if the' proceeding before the justice should be suggested on the record, according to the intimation in the New-York case.

Th;e Court took time till the next day to consider the question; when they were unanimously of opinion, that the plaintiff was intitled to his motion. Rule allowed.

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Bluebook (online)

3 N.J.L. 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westervelt-v-marinus-nj-1810.