State v. Folwell
Supreme Court of New Jersey
This writ of certiorari brings up a judgment of the Atlantic Court of Common Pleas, entered upon an appeal from a justice’s court. When the cause was moved in the Court of Common Pleas the counsel for the appellant and defendant made an offer of testimony, which was overruled by the court. The overruling of this offer is the single ground of complaint.
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This writ of certiorari brings up a judgment of the Atlantic Court of Common Pleas, entered upon an appeal from a justice’s court. When the cause was moved in the Court of Common Pleas the counsel for the appellant and defendant made an offer of testimony, which was overruled by the court. The overruling of this offer is the single ground of complaint. The offer was to prove that the defendant obtained an adjournment in the justice’s court; that the justice before the arrival of the day to which the cause had been adjourned announced that he Avould be absent on that day, but would try the…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
This case is controlled by Barclay v. Brabston, 20 Vroom 629. Where the court for the trial of small causes had no jurisdiction over the subject matter of the action, relief can be had either by certiorari or by appeal. Williamson v. Middlesex Common Pleas, 13 Id. 386. But when the cause of action is Avithin the jurisdiction of the court, and there ivas lack of jurisdiction over the party appealing by reason of irregular adjournments, the taking of an appeal operated as a Avaiver of the irregularity. The remedy was by certiorari.
Judgment is…
2Cited by1 opinion
- Richardson v. SmithSupreme Court of New Jersey · 1906