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2 N.J.L. 82

Newcomb v. Davis

Supreme Court of New Jersey

Decided September 15, 1806

Supreme Court of New Jersey · decided 1806-09-15

OH CERTIORARI Insufficient state of demand Judgment in figures. This was an action on the case brought by the plaintiff' below against the plaintiff in certiorari. [*] The state of the demand is as follows: The plaintiff below recovered $32.85 with costs; this was entered in figures. °

Decided 1806-09-15

Kirkpatrick, C. J.

¶1— This proceeding is altogether erroneous. The state of demand filed, does not contain a lawful ground of action. The judgment itself, too, is entered in figures and not in words at length, and this is assigned as a reason of reversal. According to the opinion of Cole and Petty.1

¶2I think this judgment must be reversed.

¶3Rossell, J. — Concurred.

Pennington, J.

¶4— This judgment being entered hi figures brings this case within that of Cole v. Petty, but [61] this is the least error in the proceedings; out of five separate and distinct charges for damages, there is not a single legal cause of action stated. I concur in the reversal.

¶5Judgment reversed.

¶6 Ante, *60. — Ed.

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