Dale v. See
Supreme Court of New Jersey
On certiorari to the Passaic Court of Common Pleas. This was an action brought in the District Court of the-city of Paterson, to recover damages for defective workmanship in dyeing silk. The judge of the District Court certified to the Common-Pleas the following state of the case: The plaintiff was a manufacturer of silk braids at the city of Paterson. The defendants were silk dyers doing business-in that city.
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On certiorari to the Passaic Court of Common Pleas. This was an action brought in the District Court of the-city of Paterson, to recover damages for defective workmanship in dyeing silk. The judge of the District Court certified to the Common-Pleas the following state of the case: The plaintiff was a manufacturer of silk braids at the city of Paterson. The defendants were silk dyers doing business-in that city. The plaintiff delivered to defendants silk twist to be dyed for plaintiff, relying on the usual implied contract of dyers to use the proper degree of skill. The twist, after being dyed…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The appeal given to the Court of Common Pleas from the District Court is upon matter of law, either in the judgment given by the latter court, or its ruling upon the-admission or rejection of evidence. No appeal lies upon matters of fact, and the appellate court has no power to retry the ease upon the merits. Guerin v. Rodwell, 8 Vroom 71, 75; Benedict v. Howell, 10 Id. 221; Baldwin v. Golden Star Fraternity, 18 Id. 111; Haines v. Roebuck, Id. 227. If the Common Pleas found that the judge of the District Court erred in excluding the evidence…
2Cases cited4 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Gott v. DinsmoreMassachusetts Supreme Judicial Court · 1872
- Young v. . Western Union Telegraph Co.New York Court of Appeals · 1875
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- Newhall Land & Farming Co. v. Hogue-Kellogg Co.California Court of Appeal · 1922
- Thurner Heat Treating Co. v. Memco, Inc.Wisconsin Supreme Court · 1947
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