Den ex dem. Vandersdalen v. Hull
Supreme Court of New Jersey
This was an action of ejectment between the parties above named brought down for trial to the Middlesex Circuit, December, eighteen hundred and twenty-six, and came on for trial before the chief justice and a jury. The plaintiff having rested his cause, the defendant moved that the plaintiff be non-suited.
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This was an action of ejectment between the parties above named brought down for trial to the Middlesex Circuit, December, eighteen hundred and twenty-six, and came on for trial before the chief justice and a jury. The plaintiff having rested his cause, the defendant moved that the plaintiff be non-suited. After the argument had concluded, it was observed by the judge and suggested by him, that in the transcript of the pleadings sent down for trial, the premises were described to be situate in *the township of South [*278 Amboy, in the county of Middlesex, and that by the evidence of the…
1Opinion of the Court
The Chief Justice delivered the opinion of the court.
Upon the trial of this cause, at the Middlesex Circuit, after the plaintiff had closed his evidence, it appeared that the premises to which he exhibited a claim, 'of title, and which he sought to recover, were situated in the township óf South Brunswick, in that county, and that the premises mentioned in the transcript or nisi-prius-roll, were described to be situated in the township of South Amboy.
This variance being suggested, the counsel of the plaintiff produced the declaration which had been served on the defendant, as tenant in…
2Cases cited3 opinions
- Wood v. BulkleyNew York Supreme Court · 1816
- Lessee of Howard v. PollockSupreme Court of Pennsylvania · 1795
- James v. WalruthNew York Supreme Court · 1811