Griscom v. Gilmore

Decided November 15, 1836

Supreme Court of New Jersey · decided 1836-11-15

<p>This court will grant a certiorari in a matter of private road, it it appear that but four of the six surveyors signed the return ; and the writ in such case, should be entitled as between the applicant therefor, as plaintiff in certiorari, and the applicant for the road, as defendant. It is a matter in which the public have no such interest, as to justify the use of the name of the State.</p>

Decided 1836-11-15

Per Curiam:.

¶1Let a rule for an allocatur, be entered. It is sufficiently uncertain upon the face of this return, to justify the allowance of a certiorari.

¶2JEakin, then inquired how the writ should be entitled; as some diversity of opinion and practice had prevailed in that matter.

¶3 *476By the Court. Let the writ be entitled as between the applicant therefor, plaintiff in certiorari, and the applicant for the road, as defendant. It is a matter in which the public have no such interest, as to justify the use of the name of the State.

¶4Certiorari allowed.

¶5Cited in State v. Justice, 4 Zab. 414.