Smith v. Smith
Supreme Court of New Jersey
On error to the Supreme Court in an action for dower. The plaintiff claims as widow of Hezekiah B. Smith, deceased, late of the county of Burlington; the defendants, “ H. B. Smith Machine Company,” are lessees, and the other defendants devisees in fee, and trustees under the will, for establishing and conducting a school for apprentices and young mechanics. The lands in controversy are at Smithville, in Burlington county.
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On error to the Supreme Court in an action for dower. The plaintiff claims as widow of Hezekiah B. Smith, deceased, late of the county of Burlington; the defendants, “ H. B. Smith Machine Company,” are lessees, and the other defendants devisees in fee, and trustees under the will, for establishing and conducting a school for apprentices and young mechanics. The lands in controversy are at Smithville, in Burlington county. The issues of fact were found in favor of the demandant, and exceptions in law are brought up by the writ of error.
1Opinion of the Court
The opinion of the court was delivered by
Scuddbb, J.
This case was tried by a struck jury, and at the trial there was a written challenge to the array because one of the forty-eight jurymen selected by the judge was dead, another was a fireman, exempt by law, and a third, whose name was on the panel of twenty-four jurors struck for the trial, was not summoned. The challenge was overruled and an exception taken. There was no objection to the jury until the trial was called. Had the attention of the court been directed to these particular cases before that time, other námes might have been…
2Cases cited7 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Meister v. MooreSupreme Court of the United States · 1878
- Inhabitants of Medway v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1819
- Commonwealth v. MunsonMassachusetts Supreme Judicial Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Davidson v. ReamNew York Supreme Court · 1916
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Vreeland v. VreelandNew Jersey Court of Chancery · 1895
- State v. BarkerSupreme Court of New Jersey · 1902
- Smith v. SmithNew Jersey Superior Court Appellate Division · 1891
9 more not listed; retrieve them via the Exa API.