Anonymous

Decided February 15, 1824

Supreme Court of New Jersey · decided 1824-02-15

White applied to the court for a mandamus, to be directed to the Common Pleas of Cumberland, to compel them to receive the defendant’s plea of justification; and stated, as the ground of his application, that an action of trespass had been commenced against the defendant, to-which he had pleaded — 1. The general issue; and — 2. A justification.

Cited by 2 later decisions — most recently October 1934

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1824-02-15

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KmK.PATB.iOK:, O. J.

¶1From time immemorial, courts have stricken false pleas and frivolous counts from the record. It is right and proper that they should possess the power, in order to prevent their records from being unneessarily encumbered. But I am satisfied that a mandamus would not lie to compel the court to receive a plea, even if they were wrong in rejecting it.

Ford, J.

¶2said, he thought it was not the office of a manda-mus to perform the object which was sought to be obtained % the defendant’s attorney in applying for the mandamus.

¶3Motion refused.