Allen v. Craig
Supreme Court of New Jersey
This was an action of trespass, and judgment was entered against the defendants in this court, in the term of February, 1833, after, argument, see 1 Green Rep. 294. On this judgment, a ca. sa. was issued, returnable to this term. On the twenty-second day of August last, a notice, of which the following is a copy, was served on the plaintiff and his attorney: New Jersey Supreme Court.
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This was an action of trespass, and judgment was entered against the defendants in this court, in the term of February, 1833, after, argument, see 1 Green Rep. 294. On this judgment, a ca. sa. was issued, returnable to this term. On the twenty-second day of August last, a notice, of which the following is a copy, was served on the plaintiff and his attorney: New Jersey Supreme Court. William I. Craig, vs. Daniel K. Allen, William A. Cobb, Abraham H. Godwin, Joseph Starke, Peter Brower, and others. In trespass. Judgment entered February >term, 1833, capias ad satisfaciendum, issued returnable…
1Opinion of the CourtFord, J.
It appears that Allen was committed on the 29th. July; that McKiernan was committed on the 20th August, and discharged on the 21st, and the notice to take depositions, is. dated and given the next day, the 22d. The notice was thus, given, as soon as possible, and contains all the reasons relied upon by the defendant. If the plaintiff had any testimony, he could have produced it, and he has had all the benefit of the cross-examination of the witnesses. I am of the opinion, that the notice is sufficient, and that the application ought to be heard.. The defendant is in actual confinement, and if…
2Cases cited4 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- Bruce v. LeeNew York Supreme Court · 1809
- Joy v. WurtzU.S. Circuit Court for the District of Pennsylvania · 1808
- Lessee of Hill v. WestSupreme Court of Pennsylvania · 1808