¶1"VVe are all of opinion, that the term sheriff, (made use of in the third section of the supplement to the act constituting courts for the trial of small causes, Rev. Laws 797,) means the proper returning officer; and if there is a legal objection to the sheriff, the Court of Common Pleas are fully competent to order the coroners to return a jury. Upon principle, we should hesitate to prescribe, by mandamus, the particular course to be pursued by the Court of Common Pleas, and it is to be understood that we do it in this case only in consequence of the express agreement of the.parties.
9 N.J.L. 149
De Wit v. Decker
Decided May 15, 1827
Supreme Court of New Jersey · decided 1827-05-15
This was an application for a peremptory mandamus, to be directed to the court of Common Pleas of Sussex, and came before this court upon the following state of the case, agreed upon by the counsel of the partios, vix : An appeal was taken from the judgment of a justice, rendered upon the verdict of a jury, and it carne on to be tried before the Court of Common Pleas of the county of Sussex, in the term of February, 1826, when the appellee professing himself ready for trial,…
Cited by 1 later decisions — most recently January 1927
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1827-05-15
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