Den v. Wilson

Decided September 15, 1819

Supreme Court of New Jersey · decided 1819-09-15

THERE were two ejectments against the same defend--*-n one> tlie lessor °f the plaintiff resided ont of the state of New-Jersey, and in the other, was an infant. The issues were joined some terms preceding, and the causes were taken down to the circuit, but not tried. After which,

Decided 1819-09-15

Kirkpatrick C. J.

¶1This act is cumulative, and does not restrain the power before possessed by the court. The settled law in actions of ejectment,.was, to order costs at any time, but not for delay of oppression. In practice, the issue is always joined when the consent rule is entered into; (b)and it would be unreasonable, in this action, to refuse this rule to a party.

Court.

¶2Let the rule remain.

¶3 Den, Bray vs. Drake, 3 Hal. 305.