3 N.J.L. 561
Decided September 15, 1809
Supreme Court of New Jersey · decided 1809-09-15
<p>ON CERTIORARI.</p> <p>Defendant cannot by unverified charge over glOO, oust a justice of jurisdiction.</p> <p>The objection raised to the proceeding helpw, was, that the defendant below, Reading, by his plea, had set up a de-; pi and against the plaintiff below, Hoffman, a sum exceeding the justices jurisdiction, and thereby ousted the justice of the jurisdiction qf the cause. That the justice, notwith-j stsnding this plea, proceeded in the cause.</p>
Decided 1809-09-15
¶1-The defendant cannot oust the justice of the jurisdiction of the cause,,by an unverified plea of this nature; if he could, there would be an end to trials in justice’s courts. Besides, in this case, there is less ground'foy the objection, as after the plea was filed, the cause was referred to referees. This must have been done by consent.
¶2Judgtpent reversed.