Linzmayer v. Baird

The writ brings up a judgment recovered by Baird against Linzmayer in a justice’s court. The substantial ground urged for reversal is that the same plaintiff had previously recovered judgment against the same defendant for the same cause of action before another justice. That, of course, would have been an adequate defense if the former judgment had been set up and proved in the second action, but there is nothing to show that this was done. The return to this writ does not show it, and that is primarily controlling. Gory v. Jackson, 76 N. J. L. 387. In the moving affidavit for the writ, it…