Doherty v. Catskill Cement Co.

Supreme Court of New Jersey November 20, 1905

Doherty v. Catskill Cement Co., 72 N.J.L. 315 (N.J. 1905)

43 Vroom 315; 65 A. 508; 1905 N.J. LEXIS 127

Affirmance, Bogert, Dixon, Fort, Garretson, Garrison, Gray, Green, None, Pitney, Reversal, Swayze, Vredenburgh, Vroom

Opinion of the Court

Per Curiam.

The judgment of the Supreme Court brought here by this writ of error affirmed a judgment of the Hudson Circuit Court, entered upon a demurrer to a declaration.

The demurrer presented the same question that was presented to the Supreme Court in the case of Hill v. Nelson, 41 Vroom 376. We approve of the doctrine of the Supreme Court in that case and deem it applicable to the demurrer in this case.

The same doctrine was stated by the Circuit Court judge in his opinion sustaining the demurrer.

For this reason, we think the judgment of the Supreme Court, affirming the judgment of the Circuit Court, should be affirmed.

*316

For affirmance — The Chancellor, Chief Justice, Dixon, Garrison, Fort, Garretson, Pitney, Swayze, Bogert, Vredenburgh, Vroom, Green/ Gray. 13. For reversal — None.

Reference

Full Case Name: PATRICK H. DOHERTY, IN ERROR v. CATSKILL CEMENT COMPANY, IN ERROR
Cited By: 3 cases
Status: Published