Moore v. Whitaker

Supreme Court of New Jersey
Moore v. Whitaker, 3 N.J.L. 460 (N.J. 1808)

Moore v. Whitaker

Opinion of the Court

The Court said that they did not understand the state of demand containing a charge of. trespass, for entering on the land of the plaintiff, hut for burning his hay; and that they had not been so strict as to reverse judgments of justice^ courts, in personal actions of this nature, for neglecting to state the name of the county or township, or in other words, laying a venue.

It was then contended, that the justice had committed error in not trying the plea in abatement, or passing judgment on it before proceeding to try the cause:

But the Court said, that the pretended plea In abatement was a nullity; that if any thing could be understood by it, it, was an averment [*] or declaration on the part of the defendant, that the plaintiff had not stated his demand in a right manner, because that he, the defendant was not guilty, which was perfect nonsense, and the justice was not bound to take notice of it.

Judgment affirmed,

Reference

Full Case Name
MOORE v. WHITAKER
Status
Published