Hoey v. Aspell & Co.
Supreme Court of New Jersey
On error to the Monmouth Pleas. The writ of error in this cause was issued January 18th, 1898, returnable January 25th, 1898. The court below, in its return, certified that a summons against joint debtors was issued November 10th, 1897, returnable November 22d, 1897, and on November 15th, 1897, was served on one defendant only, with copy of declaration and notice to plead or demur within thirty days; that on January 17th, 1898, judgment by default for want of a plea was…
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On error to the Monmouth Pleas. The writ of error in this cause was issued January 18th, 1898, returnable January 25th, 1898. The court below, in its return, certified that a summons against joint debtors was issued November 10th, 1897, returnable November 22d, 1897, and on November 15th, 1897, was served on one defendant only, with copy of declaration and notice to plead or demur within thirty days; that on January 17th, 1898, judgment by default for want of a plea was entered against all the defendants, and, on assessment of damages, final judgment was recorded and signed; that on January…
1Opinion of the Court
*201The opinion of the court was delivered by
Collins, J.
This cause has been argued and will be decided on the assumption that the judgment entered after the issuance of. the writ, but before its return, is properly before us. Error was assigned on outbranches certified in the return, and, although correct practice required our certiorari to regularly bring those before us, we have considered the facts assigned for error because the common joinder, in nullo est erratum, confesses such facts and renders a certiorari unnecessary. Gilliland v. Rappleyea, 3 Gr. 138.
It is plain that the first judgment…
2Cases cited1 opinion
- Taylor's Adm'rs v. Witman's Adm'rsSupreme Court of Pennsylvania · 1861
3Cited by13 opinions
- In Re Estate of McCurdyCalifornia Supreme Court · 1925
- First National Bank of Birmingham v. KleinSupreme Court of Alabama · 1970
- Palmer v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1908
- Atwood v. Rhode Island Hospital Trust Co.District Court, D. Rhode Island · 1920
- Gloucester City Trust Co. v. GoodfellowSupreme Court of New Jersey · 1939
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