Clancy v. Neumeyer
Supreme Court of New Jersey
On certiorari. The counsel for the respective parties agreed upon the following state of the case, upon which the cause is to be decided: Neumeyer sued Clancy in a court for the trial of small causes, before Joseph Hay ter, Esquire, a justice of the peace of Middlesex county, on contract, demanding $200 for rent of premises occupied by Clancy under alleged verbal lease from Neumeyer.
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On certiorari. The counsel for the respective parties agreed upon the following state of the case, upon which the cause is to be decided: Neumeyer sued Clancy in a court for the trial of small causes, before Joseph Hay ter, Esquire, a justice of the peace of Middlesex county, on contract, demanding $200 for rent of premises occupied by Clancy under alleged verbal lease from Neumeyer. After several adjournments by consent, both parties appeared pursuant to adjournment on May 24th, 1888, with counsel, and the case was moved for trial by plaintiff before a jury duly summoned and sworn for the…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The question which the facts propound is this t What should a justice of the peace do when in a court for the trial of small causes a set-off is tendered which contains a counter claim of'an amount in excess of the jurisdiction of the justice to hear? The Small Cause act, which contains express directions for the guidance of the justice in most instances, fails to provide for this. The jurisdiction of the justice includes every suit of a civil nature at law where the debt, balance or other matter in dispute does not exceed, ex-*301elusive of…
2Cases cited2 opinions
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3Cited by8 opinions
- Reiser v. SimonNew Jersey Superior Court Appellate Division · 1960
- Duresen v. BlackmarrSupreme Court of Minnesota · 1912
- Navarro v. MartinUnited States District Court · 1944
- Nelson v. MeyerSupreme Court of Colorado · 1919
- Kienzle v. GardnerSupreme Court of New Jersey · 1906
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