Potts v. Imlay
Supreme Court of New Jersey
ON CERTIORARI. POTTS commenced a suit against Imlay, in the court for the trial of small causes, on the tenth of June 1813, by summons, which was returnable on the 19th of June. On the 19111 of June, at Potts’ request, the cause was adjourned to the 10th of July ; on which day he did not appear, judgment of nonsuit was entered against him.
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ON CERTIORARI. POTTS commenced a suit against Imlay, in the court for the trial of small causes, on the tenth of June 1813, by summons, which was returnable on the 19th of June. On the 19111 of June, at Potts’ request, the cause was adjourned to the 10th of July ; on which day he did not appear, judgment of nonsuit was entered against him. On the 17th of July he commenced another action against Imlay, before the same justice, for the same sum, by summons returnable on the 27th of July. On the 27th he again obtained an adjournment to the 7th of August, and on that day discontinued his suit.…
1Opinion of the Court
Kirkpatrick C. J.
This is an action on the case for a malicious prosecution. The plaintiff, in his state of demand, sets forth in substance, that the defendant, of malice and without probable cause, on the tenth day of June 1813, instituted an action against him for 99 dollars,' in the court of James B. Stafford, esq. one of the justices of the peace of Monmouth county, by a summons returnable on the 29th of the same month-; that upon the return day of the summons, the defendant procured the cause to be adjourned till the 10th of July following, and that on that day he did not appear, but made…
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