Legal Opinion

Banks v. Murray

Supreme Court of New Jersey

Decided May 15, 1820Published

ON CERTIQRARI. THIS was an action of forcible entry and detainer, The complaint sets out, that Murray and others, the below, trustees of the people of colour, belonging to the miethodist society at Snowhill, on the 1st June 1818, at the township of Newtown, in the county of Glouwere possessed of a certain meeting-house and lot containing two acres, there situate, and that BaiiJcs and the others, on the said 1st June, at &c., did enter into and upon the said meeting-house and…

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ON CERTIQRARI. THIS was an action of forcible entry and detainer, The complaint sets out, that Murray and others, the below, trustees of the people of colour, belonging to the miethodist society at Snowhill, on the 1st June 1818, at the township of Newtown, in the county of Glouwere possessed of a certain meeting-house and lot containing two acres, there situate, and that BaiiJcs and the others, on the said 1st June, at &c., did enter into and upon the said meeting-house and lot of ground, and detain and hold the same with force, &c. The defendants pleaded not guilty, and that they had been…

1Opinion of the Court

Two reasons were principally relied on, by Armstrong, for plaintiff, for the reversal of the proceedings. 1. That the complaint did not set out the estate of the complainants, in the premises. Pat. 291. Pen. 108. 8 John. 464. 2. That the premises were wrongly described in the complaint, in this, that they were charged to lie in Newtown, whereas they lie in Gloucester; the place being a substantial part of the offence. Str. 595. Woodruff, replied for defendant: that the action was not confined to individuals, but was also open to corporations ; that these plaintiffs, not having an estate in…

2Cases cited1 opinion

  1. People v. RunkleNew York Supreme Court · 1811

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