Vanguilder v. Stull
Supreme Court of New Jersey
This was a certiorari to the Court of Common Pleas of the county of Salem, to reverse a judgment rendered on an appeal. The state of demand filed with the justice was as follows: “ The plaintiff comes into court on the return day of the summons and demands of the defendant the suni of fifty cents for wintering pasturing and washing a sheep, - - $0 50 .f okh Stull.
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This was a certiorari to the Court of Common Pleas of the county of Salem, to reverse a judgment rendered on an appeal. The state of demand filed with the justice was as follows: “ The plaintiff comes into court on the return day of the summons and demands of the defendant the suni of fifty cents for wintering pasturing and washing a sheep, - - $0 50 .f okh Stull. May 25h 1827.” A judgment was rendered by the Court of Common Pleas, In favour of Siuli the plaintiff below. jEakin, in behalf of Vangiltier the defendant below, moved to reverse this judgment, and among other reasons contended that…
1Opinion of the CourtEwing, C. J.
The state of demand in this case makes no mention of the time when the services were rendered, for which the plaintiff claims to recover compensation.
In the case, of Sims v. Smith, 1 South. 92, the state of demand, because it contained no date, was deemed, insufficient, and the judgment was reversed. The same principle is recognized in the cases of Longstreet v. Taylor, Penn. 267; Leary v. Vandyke, Ibid 370; Seeley v. Foster, Ibid 407; and Ramsay v. Evans, Ibid 640. In Lippincott v Smith, 1 South. 95, the time of the irespass for which the action was brought was set forth in the state of…
2Cases cited1 opinion
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