New Jersey Law Reports Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1822 edition. Excerpt: ...his part, by the facts exhibited in the demurrer to evi-' deuce. If the issue is completely proved, but the cause of action" is defective, the judgment will be arrested, and each party pay his own costs. If the cause of action is good, but there is a failure in the proof, judgment will be rendered for the defendant, with ' costs. t j " "I shall answer all the objections taken to this suit by the de-'" f_endant's counsel, 'though not in the' order in which he has stated l them. The action itself isiby him considered defective, because N0" 1822the act of N ew-Jersey, on which it is founded, is unconstitutional; Gibbons This is the only objection to the cause of action, as spread upon Lmngslom The act on which this suit is 'brought, is only a part of a system pursued and adopted by our legislature, for the purpose of ' resisting-what they consider an unfounded claim on the part of New-York to the exclusive right to all the watersof the bay of New-York and of the Hudson river. All the acts of our legislature, upon this subject, are to be taken 'together. They are in pari materia, and a view of the whole will throw light upon the construction of the one now in question. The laws of New-York give to Fulton and Livingston, and theirassignees, the exclusive right to navigate with steam-boats all the waters of the state of New-York. By an act passed in I808, New-York asserts an exclusive right to the waters of the Hudson, including the bay of New-York. Livingston v. Gibbons and Ogden, John. Chan. Rep. 48. In this argument I shall not bring inquestion the constitutionality ofthe New-York laws, which give the monopoly to Fulton and Livingston. It is unnecessary...