1 N.J.L. 301
Decided November 15, 1794
Supreme Court of New Jersey · decided 1794-11-15
On certiorari to remove an inquisition of forcible entry and detainer. The exception was, that it appeared to be taken “ on the oaths or affirmations” of A, B, C, &c., without setting forth that they are quakers or conscientiously scrupulous of taking an oath. A case of The State v. Cook, in Middlesex, was cited, in which this error had been held fatal.
Relies on Kent v. Dodge
Decided 1794-11-15
¶1The defect is fatal; the inquisition must be quashed.
¶2Cited in Clark v. Collins, 3 Gr. 473 ; Cruiser v. State, 3 Harr. 208.
¶3(c) See 1 Sellon 254, 5. Venue may be changed after issue joined. Delavan v. Baldwin, 3 Caines 104; Kent v. Dodge, 3 Johns. 447.