State v. Jenkins
Supreme Court of New Jersey
On certiorari. This cause was tried before the Second District Court of the city of Newark, before a jury, and a verdict was rendered in favor of plaintiff for $100. The cause was taken to the Court of Common Pleas of Essex county, and heard upon the following state of the case: “ At the trial of the cause the defendant offered in evidence an agreement, of which a copy is hereto annexed, marked ‘ A/ and moved to non-suit the plaintiff on the ground that the submission of the…
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On certiorari. This cause was tried before the Second District Court of the city of Newark, before a jury, and a verdict was rendered in favor of plaintiff for $100. The cause was taken to the Court of Common Pleas of Essex county, and heard upon the following state of the case: “ At the trial of the cause the defendant offered in evidence an agreement, of which a copy is hereto annexed, marked ‘ A/ and moved to non-suit the plaintiff on the ground that the submission of the matter in dispute, before suit brought, to arbitrator’s, ousted the court of its jurisdiction. The court rejected the…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
By the course of procedure on appeal from district courts, the Common Pleas had authority only to reverse and send back for new trial for errors of law. If no error is apparent in the exclusion of the agreement of December 19th, or in refusing the non-suit, then the judgment of the Common Pleas in granting a new trial is erroneous. The idea of the defendant below was that the pendency of the arbitration, involving the subject matter of litigation in the action, was a ground for abating the same.
*290The effect of bringing an action for the same…
2Cases cited12 opinions
- The KaluramaSupreme Court of the United States · 1870
- Bowne v. JoyNew York Supreme Court · 1812
- Haggart v. . MorganNew York Court of Appeals · 1851
- Tobey v. County of BristolU.S. Circuit Court for the District of Massachusetts · 1845
- Walsh v. DurkinNew York Supreme Court · 1815
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3Cited by2 opinions
- Pope v. StateCourt of Appeals of Maryland · 1979
- Pope v. StateCourt of Appeals of Maryland · 1979