Gartner v. Cohen
Supreme Court of New Jersey
On rule to show cause why a mandamus should, not issue to compel the judge of the second District Court of Jersey City to accept the bond and allow an appeal from a judgment in said court in a plea of tort to the Court of Common Pleas of Hudson county. The summons was for $300 damages; it was served on the defendant, Cohen, who resided in the city of New York, in the city of Bayonne, where the plaintiff, Gartner, resided, and the cause of action arose.
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On rule to show cause why a mandamus should, not issue to compel the judge of the second District Court of Jersey City to accept the bond and allow an appeal from a judgment in said court in a plea of tort to the Court of Common Pleas of Hudson county. The summons was for $300 damages; it was served on the defendant, Cohen, who resided in the city of New York, in the city of Bayonne, where the plaintiff, Gartner, resided, and the cause of action arose. The cause was tried before the District Court, a verdict was found by a jury for $125, costs were taxed and judgment entered for the amount.…
1Opinion of the Court
*126The opinion of the court was delivered by
Scudder, J.
The act relative to the jurisdiction and practice of District Courts in this state, approved March 27th, 1882 (section 1), extends their jurisdiction to every suit of a civil nature at law in which the debt, balance, damage, or the matter in dispute, does not exceed, exclusive of costs, the sum or value of $300, excluding any suit or action where the title to lands and real estate shall come in question.
Section 2 directs that when such suits exceed the sum or value of $200, exclusive of costs, all writs shall issue to the sheriff of the…
2Cited by5 opinions
- Forster v. DavenportNew Jersey Court of Chancery · 1940
- Adams v. FosterSupreme Court of Georgia · 1914
- State v. LaneSupreme Court of New Jersey · 1893
- Quimby v. HoppingSupreme Court of New Jersey · 1889
- Cohen v. GartnerSupreme Court of New Jersey · 1889