Loper v. Somers
Supreme Court of New Jersey
On error to the Circuit Court of Atlantic county. An action ex contractu was instituted by the plaintiff below against the defendant below in the Circuit Court in and for the county of Atlantic.' The plaintiff declared upon a sealed bill, bearing date of the 12th day of October, a. d. 1897, made by the defendant, sealed with his seal, and delivered to the plaintiff, whereby he undertook and promised to pa3r, upon demand, to her or to her order, the sum of $2,000. The…
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On error to the Circuit Court of Atlantic county. An action ex contractu was instituted by the plaintiff below against the defendant below in the Circuit Court in and for the county of Atlantic.' The plaintiff declared upon a sealed bill, bearing date of the 12th day of October, a. d. 1897, made by the defendant, sealed with his seal, and delivered to the plaintiff, whereby he undertook and promised to pa3r, upon demand, to her or to her order, the sum of $2,000. The defendant pleaded that he did not undertake and promise in manner and form aforesaid. The issue joined upon the pleadings Aras…
1Opinion of the Court
The opinion of the court (the foregoing statement having been made) was delivered by
Green, J.
1. Under the assignment of common errors, this court will not reverse a judgment, except it be for error manifest in the record brought up by the writ.
In our practice the writ of error brings up, as at common law, the record of the judgment below, or a transcript thereof, and, by statute (Pamph. L. 1903, p. 592, § 211), the bills of exceptions. See Lewis v. Lewis, 37 Vroom 251, 252 (1901). The common errors relate only to the record itself (1 Chit. Arch. Pr. (12th ed.) 572; Driscoll v. Carlin, 21…
2Cases cited4 opinions
- Lewis v. LewisSupreme Court of New Jersey · 1901
- Mills v. MottSupreme Court of New Jersey · 1896
- Commonwealth Roofing Co. v. Palmer Leather Co.Supreme Court of New Jersey · 1902
- Lutlopp v. HeckmannSupreme Court of New Jersey · 1904
3Cited by1 opinion
- State v. SchleiferSupreme Court of Connecticut · 1925