Morris Canal & Banking Co. v. Mitchell
Supreme Court of New Jersey
On certiorari. The certiorari in this case was sued out to remove into this court certain proceedings instituted before a justice of the peace, under the act of 4th March, 1847, entitled, “ Á. supplement to an .act concerning landlords and tenants.”
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On certiorari. The certiorari in this case was sued out to remove into this court certain proceedings instituted before a justice of the peace, under the act of 4th March, 1847, entitled, “ Á. supplement to an .act concerning landlords and tenants.” On the return of the writ, the defendant moved that the writ be quashed, as having been irregularly issued and because the court had no jurisdiction, the 7th section of the act having provided that the proceedings had by virtue of said act should not be appealed from or removed by certiorari.
1Opinion of the Court
The opinion of the court was delivered by
Haines, J.
The Morris Canal and Banking Company, under the act of 4th March, 1847, Nix. Dig. 422,* instituted proceedings before a justice of the peace against James Mitchell, to remove him from certain premises which, it is alleged, he held under them. On the rendering of the verdict, Mitchell, by his counsel, presented to the justice a writ of certiorari to remove the proceedings to this court, and motion is now made to dismiss the writ and the proceedings.
The grounds of the motion are, that the writ of certiorari is of itself irregular and that it…
2Cited by2 opinions
- Vasquez v. Glassboro Service Ass'n, Inc.Supreme Court of New Jersey · 1980
- McWatters v. Union Oil Co.District Court, N.D. California · 1948