Legal Opinion

Den ex dem. McEowen v. Drake

Supreme Court of New Jersey

Decided February 15, 1835PublishedCited by 2 opinions

This was an action of ejectment tried at the Sussex circuit in November term, 1832. The facts as proved at the trial, fully appear in the opinion of the court delivered by the chief justice.

1Opinion of the CourtHornblower, C. J.

This cause was tried at the circuit in Sussex county, in November, 1832, before Mr. Justice Drake. When the plaintiff rested his evidence, a motion for a nonsuit was made on two grounds. First, because the plaintiff had not given to the defendant, a reasonable and sufficient notice to quit, &c. And secondly, because the demise was laid on a day, prior to the period when the lessors right to enter, accrued.

By agreement of the parties, a verdict was taken for the plaintiff, subject to the opinion of the court upon the points above stated, and reserving to the plaintiff, a right to move for…

2Cases cited2 opinions

  1. Jackson v. BradtNew York Supreme Court · 1804
  2. Commonwealth ex rel. Smith v. DieffenbachSupreme Court of Pennsylvania · 1854

3Cited by2 opinions

  1. Schlesinger v. BrownNew Jersey Superior Court Appellate Division · 1971
  2. Gretkowski v. WojciechowskiNew Jersey Superior Court Appellate Division · 1953

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