Trustees of the Dover School House v. McFarlan
Supreme Court of New Jersey
An action of trespass quare clausum fregit, was commenced by the plaintiffs against the defendants, in a court for the trial of small causes. On the return of the summons, the plaintiffs-filed their state of demand, and the defendants, protesting that there was no such corporation, pleaded title and gave bond under the statute. Itev. Laws 639, sec. 33, &c. Thereupon, the plaintiffs commenced this action, and declared for the same trespass complained of below.
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An action of trespass quare clausum fregit, was commenced by the plaintiffs against the defendants, in a court for the trial of small causes. On the return of the summons, the plaintiffs-filed their state of demand, and the defendants, protesting that there was no such corporation, pleaded title and gave bond under the statute. Itev. Laws 639, sec. 33, &c. Thereupon, the plaintiffs commenced this action, and declared for the same trespass complained of below. The defendants, instead of pleading title, pleaded nul tiel corporation, and this was an application to strike out such plea.
1Opinion of the Court
The opinion of the court was delivered by
Hornblower, C. J.
This case is too plain to admit of doubt. By the very terms of the statute, Rev. Laws 639, sec. 34, the defendants are confined to their plea of title. The legislature intended, by permitting a defendant to plead title and give bond, in the manner prescribed in the act, to afford him an opportunity of having his title tried in a court of competent jurisdiction, but not for the purpose of getting a trial in this court upon any other ground of defence. The course attempted by the defendants, would convert the proceeding into a means of…
2Cases cited1 opinion
- Strong v. SmithNew York Supreme Court · 1804