Reports of Cases Argued and Determined in the Supreme Court And, at Law, in the Court of Errors and Appeals of the State of New Jersey, Svazek 44Soney and Sage, 1882 |
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Strana 397
... writ of mandamus is not a writ of right , but its allow- ance or disallowance rests in the discretion of the court , to be exercised in view of all the circumstances of the case . It is a prerogative writ , and the court has power to ...
... writ of mandamus is not a writ of right , but its allow- ance or disallowance rests in the discretion of the court , to be exercised in view of all the circumstances of the case . It is a prerogative writ , and the court has power to ...
Strana 398
... writ of error would not lie on the award of a writ of mandamus . Layton v . State , 4 Dutcher 575 . It will not now lie if the court , in its discretion , refuses to allow the writ . The same rule obtains still in regard to the ...
... writ of error would not lie on the award of a writ of mandamus . Layton v . State , 4 Dutcher 575 . It will not now lie if the court , in its discretion , refuses to allow the writ . The same rule obtains still in regard to the ...
Strana 556
... writ or court , are not strictly pleas in abatement . William v . Gwyn , 2 Saund . 44 b , n . 4. They are taken out of the category of strict pleas in abatement , in that the matter pleaded , going to the substance of the writ , and ...
... writ or court , are not strictly pleas in abatement . William v . Gwyn , 2 Saund . 44 b , n . 4. They are taken out of the category of strict pleas in abatement , in that the matter pleaded , going to the substance of the writ , and ...
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14 Vroom action agent alleged amount appears application appointed assessment assumpsit authority bank bill bond certiorari charge charter CHIEF JUSTICE chosen freeholders claim clause common council common law Common Pleas contract copies corporation costs court was delivered creditors damages debt declaration defendant in error demurrer discharge duty election entitled evidence execution fact fees filed fraud Gloucester City ground held issued Jersey City judgment jury Justices DEPUE Kelsey land legislation legislature liable license MAGIE mandamus ment Morris Canal Newark opinion ordinance owner paid Pamph parties payment person plaintiff in error pleaded premises proceedings prosecutor question quo warranto Rahway reason received recover replevin rule to show Somerset statute statute of limitations suit Supreme Court SYCKEL taxes Term tion township trial vote warrant writ of certiorari writ of error