Legal Opinion

Ludlow v. Executors of Ludlow

Supreme Court of New Jersey

Decided September 15, 1817Published

ON MOTION TO QUASH CERTIORARI. A SETTLEMENT of the accounts of the executors of John Ludlow, deceased, had been made in the Orphans’ Court of the county of Essex, and a decree of the court Passe(^ thereon. To remove this settlement into the Supreme Court, a certiorari was presented to the Chief Justice at his chambers, and allowed. On the return of the writ, a motion was made to quash it, because it was not allowed on motion at bar.

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ON MOTION TO QUASH CERTIORARI. A SETTLEMENT of the accounts of the executors of John Ludlow, deceased, had been made in the Orphans’ Court of the county of Essex, and a decree of the court Passe(^ thereon. To remove this settlement into the Supreme Court, a certiorari was presented to the Chief Justice at his chambers, and allowed. On the return of the writ, a motion was made to quash it, because it was not allowed on motion at bar. The argument for the motion was sustained by Ewing and Ghetwood. Against it, by Scudder and R. Stockton.

1Opinion of the Court

Opinion of the Court.

Kirkpatrick C. J.

This is a motion to quash a certiorari directed to the Orphans’ Court of the county of Essex, because it was allowed by a judge, at chambers in vacation, and not on motion at bar, on special ground.

*This question has been before the court at sundry times in one form and another, and I thought had been pretty satisfactorily settled. I have again, however, looked into it with a view to this particular case.

The jurisdiction of this court is very high and transcendant. (a) Among other things, it has the superintendance of all inferior courts, both civil and…

2Cases cited2 opinions

  1. Finley v. AikenSupreme Court of Pennsylvania · 1855
  2. Road in Bensalem TownshipSupreme Court of Pennsylvania · 1861

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