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1 N.J.L. 268

Bispham v. Inskeep

Supreme Court of New Jersey

Decided September 15, 1794

Supreme Court of New Jersey · decided 1794-09-15

There were several actions between these parties, all of which had been removed by certioraris. It appeared, from the return, that they had been instituted by Inskeep against Bispham, in trespass for fishing in his fishery. The defendant had pleaded liberum tenementum, notwithstanding which, the justice had proceeded in the causes, and had given judgment for the plaintiff.

Decided 1794-09-15

¶1[232] From the returns, it appears that the suits were for trespass generally. Ou the return of the summons, the defendant claimed title, and, before the justice, put in a plea of liberum tenementum. This should have put a stop to the justice’s proceedings, as it amounted to a termination of his authority. He could not proceed in the case without passing judgment on the plea, and, by the act of assembly, he cannot try any action where the title to land shall, in any manner, come in question. See ante p. 175.

Kinsey, C. J.

¶2As to the objection which has been urged against this plea, there is ño weight in it. The proceedings before the jus*270tices, though they should be formal and regular, are not to be examined with the same exactness as the proceedings in other courts; there is no necessity for a strictly formal plea. The authority of a justice is special, and created for a particular purpose; and if he exceeds his powers, all his acts are coram non judice, though no plea pleaded.

¶3Per Cur. Reverse the judgment.

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