Legal Opinion

Castner v. Riegel

Supreme Court of New Jersey

Decided June 15, 1892PublishedCited by 5 opinions

On certiorari removing to this court an order made by two •of the township committee of the township of Washington, Warren county, determining and directing that a part of certain line fence on the line between the lands of the parties should be made and maintained by the prosecutor, Emmeline ■Castner, and another part thereof should be made and. maintained by the defendant Eiegel. Argued at November Term, 1891, before Justices Scuddeb .and Magie.

1Opinion of the Court

The opinion of the court was delivered by

Magie, J.

Prosecutrix attacks the order brought before •us by this writ upon the ground that the members of the township committee were without jurisdiction to make it. Her *500contention ■ is that the defendant Riegel is bound by law to make and perpetually maintain a fence along the whole of the line in question, dividing his lands from hers, and that, consequently, the provisions of‘the Fence act relative to the determination of the part of a division fence to be made and maintained by each of two owners bound to make and maintain it equally cannot apply.

2Cases cited5 opinions

  1. Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
  2. Rust v. LowMassachusetts Supreme Judicial Court · 1809
  3. Knox v. TuckerSupreme Judicial Court of Maine · 1860
  4. Adams v. . Van AlstyneNew York Court of Appeals · 1862
  5. Harlow v. StinsonSupreme Judicial Court of Maine · 1872

3Cited by5 opinions

  1. Matthews v. McVayMissouri Court of Appeals · 1950
  2. La. Building & Contracting Co. v. BeninatiLouisiana Court of Appeal · 1920
  3. McRae v. Atlanta & St. Andrews Bay Railway Co.Supreme Court of Florida · 1945
  4. State v. SmithSupreme Court of New Jersey · 1897
  5. Vannest v. DealamanSupreme Court of New Jersey · 1913

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