Tomlin v. Hildreth
Supreme Court of New Jersey
On demurrer .to the declaration by the defendant, the city of Cape May, and on demurrer to the plea of the statute of limitations of two years, filed by the other defendants.
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On demurrer .to the declaration by the defendant, the city of Cape May, and on demurrer to the plea of the statute of limitations of two years, filed by the other defendants. The declaration in this case, in so far as it is necessary to quote it, is as follows: “James M. E. Hildreth and Albert G. Bennett, and the city of Cape May, a municipal corporation of the State of New Jersey, the defendants in this suit, were summoned to answer unto Enos Tomlin, in an action of tort, and thereupon the said plaintiff, by John B. Huffman, his attorney, complains and says that the said defendants, with…
1Opinion of the Court
The opinion of the court was delivered by
Fort, J.
This is a suit against the city of Cape May, a municipal corporation, and James M. E. Hildreth and Albert G. Bennett, individuals. They are sued jointly. The •city and other defendants have filed separate pleas. The •defendant, the city of Cape May, has demurred to the declaration. The individual defendants have filed pleas by way of justification and have pleaded in bar of the action the statute of limitations, that the suit was not instituted within two years after the alleged assault, &c. To the plea of the statute of limitations the…
2Cases cited5 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Smith v. . City of RochesterNew York Court of Appeals · 1879
- New York & Brooklyn Saw-Mill & Lumber Co. v. City of BrooklynNew York Court of Appeals · 1878
3Cited by13 opinions
- Hurle's CaseMassachusetts Supreme Judicial Court · 1914
- Valentine v. City of EnglewoodSupreme Court of New Jersey · 1908
- Lewis v. United StatesCourt of Appeals for the Third Circuit · 1952
- Cummings v. LobsitzSupreme Court of Oklahoma · 1914
- Cloyes v. Delaware Tp.New Jersey Superior Court Appellate Division · 1956
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