Van Riper v. Van Riper
Supreme Court of New Jersey
on certiorari. TWO reasons for reversal were filed, which were relied on in the argument of this cause. 1. Because the state of demand contains two counts, one on contract, and the other on a tort, and there was a general verdict. 2. Because there was a discontinuance of the cause, judgment being rendered three days after the trial without any adjournment.
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on certiorari. TWO reasons for reversal were filed, which were relied on in the argument of this cause. 1. Because the state of demand contains two counts, one on contract, and the other on a tort, and there was a general verdict. 2. Because there was a discontinuance of the cause, judgment being rendered three days after the trial without any adjournment. It was also urged, that there ought to be a reversal of the judgment, because the verdict was rendered on the Sabbath day viz. about three o’clock on the morning of that day. Of this fact there was proof, by certain affidavits, which stated…
1Opinion of the Court
The opinions delivered, sufficiently explain the facts, upon the reasons filed.
Kirkpatrick. C. J.
This cause was tried on Saturday the 16tli of August 1817, and there is seen among the papers accompanying the certiorari, an affidavit stating that the verdict was rendered by the jury, and received by the justice, about four o’clock on Sunday morning. And though this is not assigned as a reason for the reversal of the judgment, yet something was said about it at the bar-.Bv what authority that affidavit was taken, does not appear. *But be it by what authority it may, and be the fact ever so well…
2Cases cited1 opinion
- Telephone Telegraph Co. v. ForkeCourt of Appeals of Texas · 1884