Axel v. Kraemer
Supreme Court of New Jersey
On error to the Union Circuit Court. This was an action ex contractu brought in the Circuit Court of Union county by Axel, the defendant in error, against ICraemer, the plaintiff in error. The counts of the plaintiff’s declaration were, in the terminology of the common law, in indebitatus assumpsit.
Read the full summary
On error to the Union Circuit Court. This was an action ex contractu brought in the Circuit Court of Union county by Axel, the defendant in error, against ICraemer, the plaintiff in error. The counts of the plaintiff’s declaration were, in the terminology of the common law, in indebitatus assumpsit. The indebtednesses alleged were for goods sold and delivered, work done and materials furnished, money lent, money paid, money had and received, interest on forbearance, and on an account stated. The contracts set up were that the defendant, in consideration of the indebtednesses, respectively,…
1Opinion of the Court
*692The opinion of the court (the foregoing statement of the case having been made) was delivered by
Gjreen, J.
1. A writ of error is the beginning of a new action in the Appellate Court, and. in such action the assignments of error and joinder therein are the pleadings. Delaney v. Husband, 35 Vroom 275, 276 (1899); Associates of the Jersey Co. v. Davison, 5 Dutcher 415, 418 (1860). To the issues made by these pleadings, which are in this court issues of law — Karnuff v. Kelch, 42 Vroom 558, 561 (1904) —the parties are to be confined. State, Hoey, pros., v. Lewis, Collector, 10 Id. 501, 507 (1877);…
2Cases cited5 opinions
- Delaney v. HusbandSupreme Court of New Jersey · 1900
- Turner v. WellsSupreme Court of New Jersey · 1900
- Emley v. PerrineSupreme Court of New Jersey · 1896
- Karnuff v. KelchSupreme Court of New Jersey · 1905
- Bannan v. RathboneSupreme Court of Pennsylvania · 1858
3Cited by1 opinion
- Winberry v. SalisburyNew Jersey Superior Court Appellate Division · 1949