Karr v. New York Jewell Filtration Co.
Supreme Court of New Jersey
On demurrer to pleas. The declaration contains three counts. The first count alleges that at the time of the injury complained of the plaintiff was seized of certain described property in the city of Washington, District of Columbia, on which stood certain buildings, and that the defendant with force and arms broke and entered the close of the plaintiff, and did excavate thereon in such a manner as to weaken and injure the walls of the buildings, and to cause the same to…
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On demurrer to pleas. The declaration contains three counts. The first count alleges that at the time of the injury complained of the plaintiff was seized of certain described property in the city of Washington, District of Columbia, on which stood certain buildings, and that the defendant with force and arms broke and entered the close of the plaintiff, and did excavate thereon in such a manner as to weaken and injure the walls of the buildings, and to cause the same to settle, See. The second count is not in trespass, but in case, and alleges that on the date in question the plaintiff was…
1Opinion of the Court
The opinion of the court was delivered by
Parker, J.
The plaintiff concedes that the first count, which sets up a pure case of trespass guare clausum fregit, cannot stand. He maintains, however, that the causes of action set up in the second and third counts of trespass on the case should have the cognizance of this court, and it is intimated in the briefs that unless this court does take cognizance of these causes of action, the plaintiff will be without remedy, on the ground that jurisdiction cannot be obtained over the defendant by service of process within the District of Columbia.
We are…
2Cited by4 opinions
- Minichiello Realty Associates, Inc. v. BrittDistrict Court, D. New Jersey · 1978
- Montesano Lumber Co. v. Portland Iron WorksOregon Supreme Court · 1915
- Taylor v. Sommers Bros. MatchIdaho Supreme Court · 1922
- Mohr v. SonnetUnited States District Court · 1939