Edwards v. Currie
Supreme Court of New Jersey
On certiorari.
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The papers presented to us fail to show any return by the justice to the writ.. We have before us only a state of the case agreed upon by counsel. Such a statement can present no legal error requiring the reversal of the judgment. Haynes v. Cape May, 23 Vroom 180, 184.
The state of the case does indeed set forth that the prosecutor perfected his certiorari as the law requires, but this is only the conclusion of counsel and does not obviate the necessity of presenting a formal return. We ought not to reverse a judgment without having the…
2Cases cited2 opinions
- Haynes v. City of Cape MaySupreme Court of New Jersey · 1889
- Davis v. LittelSupreme Court of New Jersey · 1900