Ocean Grove Camp Meeting Ass'n of the Methodist Episcopal Church v. Berthall
Supreme Court of New Jersey
On error to the Supreme Court. For opinion of the Supreme Court see 33 Vroom 88. An action of ejectment was brought in the Circuit Court, where judgment was given for the defendant, which was, upon writ of error to the Supreme Court, affirmed.
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On error to the Supreme Court. For opinion of the Supreme Court see 33 Vroom 88. An action of ejectment was brought in the Circuit Court, where judgment was given for the defendant, which was, upon writ of error to the Supreme Court, affirmed. The following is the resolution adopted by the plaintiff corporation : “ Whereas, at the suggestion of the lot-holders on the lines of the avenues extending from Central to Ocean (exclusive of Ocean pathway, Main avenue and Broadway), the association proposed to change the present roadways in said avenues, so that a roadway and sidewalk shall be opened…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
In an action of ejectment brought by a municipal body having control of its highways against Sophie W. Berthall, the plaintiff’s case was that the defendant had encroached upon Heck avenue in Ocean Grove by extending her porch into the highway. The defendant’s contention was that the plaintiff could not maintain the action of ejectment because it had vacated that part of Heck avenue upon which her porch was built, and had authorized her to make an exclusive use of the part so vacated. This contention is without foundation. The municipal…
2Cases cited1 opinion
- Burnet v. CraneSupreme Court of New Jersey · 1893
3Cited by3 opinions
- Inhabitants of Hohokus v. Erie RailroadSupreme Court of New Jersey · 1900
- Township of Riverside v. Pennsylvania RailroadSupreme Court of New Jersey · 1907
- Asbury Park v. HawxhurstSupreme Court of New Jersey · 1902