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49 Vroom.

State v. Conklin. State v. Fletcher.

THE STATE, DEFENDANT IN ERROR, v. WILLIAM CONKLIN, PLAINTIFF IN ERROR.

Submitted November 16, 1909-Decided January 7, 1910.

On error to the Supreme Court.

For the plaintiff in error, Thomas P. Fay.

For the defendant in error, John S. Applegate, Jr.

PER CURIAM.

The judgment of the Supreme Court is affirmed, with costs, there being no error disclosed in the record or proceedings.

For affirmance-THE CHANCELLOR, GARRISON, SWAYZE, TRENCHARD, PARKER, BERGEN, VOORHEES, MINTURN, BoGERT, VREDENBURGH, VROOM, GRAY, DILL, CONGDON, JJ. 14.

For reversal-None.

THE STATE, DEFENDANT IN ERROR, v. GEORGE FLETCHER, PLAINTIFF IN ERROR.

Argued November 17, 1909-Decided January 7, 1910.

On error to the Supreme Court, whose opinion is reported in 48 Vroom 346.

For the plaintiff in error, John J. Crandall.

For the defendant in error, Clarence L. Goldenberg, prosecutor of the pleas.

State v. Fletcher.

78 N. J. L.

PER CURIAM.

Defendant was convicted of an attempt to procure the miscarriage of a woman pregnant with child, contrary to Pamph. L. 1898, p. 827, § 119. The grounds of attack upon this conviction that are dealt with in the opinion of the Supreme Court are not seriously relied upon in the argument before this court, and we therefore have not considered them.

The principal contention here is that the case is devoid of evidence to show the pregnancy of the woman in question. An examination of the testimony returned with the bill of exceptions does, however, disclose evidence from which the jury might reasonably infer that the woman in question was pregnant with child.

We do not mean to concede that the plaintiff in error was entitled to raise the question referred to in this court, for the entire record of the proceedings had upon the trial was not returned pursuant to Pamph. L. 1898, p. 915, § 136. On the contrary, the case was brought up on bills of exceptions taken and sealed under section 135, and since that section declares that the bill of exceptions shall contain only so much of the evidence as may be necessary to present the questions of law upon which the exceptions were taken, it is not at all to be inferred that a bill of exceptions includes all of the evidence that was produced at the trial.

The other points raised for plaintiff in error in this court relate to certain rulings upon evidence in the trial court. We find no error therein, and deem it unnecessary to discuss the matters referred to.

The judgment under review should be affirmed.

For affirmance-THE CHANCELLOR, GARRISON, REED, PARKER, BERGEN, VOORHEES, MINTURN, BOGERT, VREDENBURGH, VROOM, GRAY, DILL, CONGDON, JJ. 13.

For reversal-None.

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THE STATE, DEFENDANT IN ERROR, v. GEORGE VEZ, PLAINTIFF IN ERROR.

Argued November 16, 1909-Decided November 16, 1909.

On error to the Middlesex Oyer and Terminer.

For the plaintiff in error, George S. Silzer and John A. Coan.

For the state, Theodore B. Booraem, prosecutor of the pleas.

PER CURIAM.

No merit being found in any of the grounds urged for reversal, the judgment under review herein should be affirmed.

For affirmance-THE CHANCELLOR, CHIEF JUSTICE, GARRISON, SWAYZE, REED, TRENCHARD, PARKER, VOORHEES, MINTURN, BOGERT, VREDENBURGH, VROOM, GRAY, DILL, CONGDON, JJ. 15.

For reversal-None.

INDEX.

ACCORD AND SATISFACTION.||2. Section

206 of the District
Court act confines the Supreme
Court on appeal to the consid-
eration of questions of law and
the determination of the legality
of the admission or rejection of
evidence. Questions of fact de-
termined by the District Court
judge or by the verdict of a jury
are final and conclusive between
the parties. Paonessa v. Ruh,

253

While the general rule is that the
payment of a less sum in satis-
faction of a larger one is no sat-
isfaction, still, where the debtor
in addition to such payment does,
at the request of his creditor.
some substantial thing detrimen-
tal to his interests that he was
not bound to do. upon the mu-
tual understanding that it was
an additional consideration for
the creditor's promise to accept 3. The transmission to the Supreme
the less for the larger sum. legal
effect may be given to such com-
pact of the parties if the debtor
has duly performed his part
thereof to his detriment. The
abandonment by the debtor at
the request of the creditor of ap-
pellate proceedings to reverse the
judgment that constituted the
debt is such an additional con-
sideration. Roberts v. Banse, 57.

See DEATH.

ACTION.

LANDLORD AND TENANT, 5.
MORTGAGES, 1.

MUNICIPAL CORPORATIONS, 3.
WILLS, 2.

Court from the District Court of
the stenographer's notes as a
state of the case, in compliance
with the act of 1905 (Pamph.
L., p. 259), confers upon this
court no authority to weigh the
evidence. The practice permit-
ted under this statute of return-
ing the whole case should be
confined to cases such as those
arising on motions to nonsuit or
to direct a verdict or where it is
necessary to determine whether
there is any evidence, or whether
there is an entire absence of evi-
dence as the case may be, to
justify the trial court in its rul-
ings.
Ib.

See DISORDERLY PERSONS.

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Home Coupon Exchange Co. v. The revision of the Practice act
Goldfarb,
146 (Pamph. L. 1903. p. 537. § 56)

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