Osborn v. Allen
Supreme Court of New Jersey
In error to Middlesex.Circuit. An action of debt was brought by Rebecca Cottrell, in her lifetime, before a justice, for the wages of her son, aged about nineteen years, and a judgment rendered for the plaintiff. An appeal having been taken to the Middlesex Pleas, and the action revived after the death of the plaintiff, in the name of her administrator, the ease was re-tried, and a new judgment rendered for the plaintiff.
Read the full summary
In error to Middlesex.Circuit. An action of debt was brought by Rebecca Cottrell, in her lifetime, before a justice, for the wages of her son, aged about nineteen years, and a judgment rendered for the plaintiff. An appeal having been taken to the Middlesex Pleas, and the action revived after the death of the plaintiff, in the name of her administrator, the ease was re-tried, and a new judgment rendered for the plaintiff. A state of the case having been agreed on, containing the evidence of the single witness examined before the pleas, a certiorari was sued out of Middlesex Circuit Court, aud…
1Opinion of the CourtElmer, J.
The first error insisted on was, that the plain-
tiff below should have been non-suited for want of sufficient evidence of her husband’s death. But one witness appears to have been examined, who, on his cross-examination, said it was rumored in the neighborhood that the plaintiff was married, and that her husband’s name was Nehemiah Cottrell; the reputation was, that he had left her about sixteen years, and had not been seen or heard of since. One of the plaintiff’s daughters, since her death, had said they did not know whether Cottrell was dead or living. This was all the evidence that the…
2Cited by6 opinions
- Mowery v. MoweryNew Jersey Superior Court Appellate Division · 1955
- Marsh v. ScottNew Jersey Superior Court Appellate Division · 1949
- Parivash v. YousefNew Jersey Superior Court Appellate Division · 1965
- Commissioner of Internal Revenue v. CaspersenCourt of Appeals for the Third Circuit · 1941
- Evers v. Evers Marine Service, Inc.District Court, D. New Jersey · 1980
1 more not listed; retrieve them via the Exa API.