State v. Hudspeth
Supreme Court of New Jersey
On error to the Supreme Court. For opinion of Supreme Court, see ante p. 320.
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
The mandamus contained in this record is a peremptory writ in form, but it was treated in the Supreme Court and on argument here as an alternative writ, and therefore will be now so regarded. The defendant filed a demurrer to it, and the relator having joined in the demurrer, the Supreme Court gave final judgment for the defendant.
The first question to be considered is whether, upon such a judgment, error will lie.
At the common law a peremptory writ of mandamus was always awarded or denied on the return to the alternative writ. If the return…
2Cases cited6 opinions
- State v. WrightsonSupreme Court of New Jersey · 1893
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Commonwealth ex rel. McCormick v. ReederSupreme Court of Pennsylvania · 1895
- Ex parte JenningsNew York Supreme Court · 1826
- People v. ChampionNew York Supreme Court · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Matter of CoruzziSupreme Court of New Jersey · 1984
- State v. International Federation of Professional & Engineers, Local 195Supreme Court of New Jersey · 2001
- Home Telephone Co. v. People's Telephone & Telegraph Co.Tennessee Supreme Court · 1911
- In Re Estate of HumeCalifornia Supreme Court · 1918
- Hiering v. Township of JacksonNew Jersey Superior Court Appellate Division · 1990
9 more not listed; retrieve them via the Exa API.