Legal Opinion

Society for Prevention of Cruelty to Animals v. Whitney

Supreme Court of New Jersey

Decided March 16, 1913PublishedCited by 3 opinions

On certiorari to a judgment in the Bergen County Common Pleas, reversing on appeal a judgment before a justice of the peace in a proceeding under the “Cruelty to Animals” act; and on motion to dismiss the certiorari and rule to show cause thereon.

1Opinion of the Court

The opinion of the court was delivered by

Parker, J.

The motion to dismiss the writ was made by reason of alleged lack of jurisdiction in the justice to entertain the cause, and was'based on the decision of the Court of Errors and Appeals in N. J. Soc. P. C. A. v. Russ, 54 Vroom 450, promulgated after the conviction and the judgment on appeal in this case. Per contra, it is urged that other statutes apply which render the ruling in the Buss case inapplicable.

The Buss case arose in a city where there was a District Court, and the ouster of the justice’s jurisdiction was rested in that case on…

2Cases cited2 opinions

  1. New Jersey Society for Prevention of Cruelty to Animals v. RussSupreme Court of New Jersey · 1912
  2. Streuli v. WolowitzSupreme Court of New Jersey · 1910

3Cited by3 opinions

  1. Borough of Ramsey v. BasilPennsylvania Court of Common Pleas · 1941
  2. Keating v. Edgar Phillips & Son, Inc.Monmouth County Circuit Court, N.J. · 1938
  3. Njspca v. Bd. of Ed. of East OrangeNew Jersey Superior Court Appellate Division · 1966

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