Legal Opinion
State v. Putnam
Supreme Court of New Jersey
Decided November 15, 1794Published
On certiorari to remove an inquisition of forcible entry and detainer. The exception was, that it appeared to be taken “ on the oaths or affirmations” of A, B, C, &c., without setting forth that they are quakers or conscientiously scrupulous of taking an oath. A case of The State v. Cook, in Middlesex, was cited, in which this error had been held fatal.
1Opinion of the Court
Per Cur.
The defect is fatal; the inquisition must be quashed.
Cited in Clark v. Collins, 3 Gr. 473 ; Cruiser v. State, 3 Harr. 208.(c) See 1 Sellon 254, 5. Venue may be changed after issue joined. Delavan v. Baldwin, 3 Caines 104; Kent v. Dodge, 3 Johns. 447.
2Cases cited2 opinions
- Kneedler v. LaneSupreme Court of Pennsylvania · 1863
- Kent v. DodgeNew York Supreme Court · 1808