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 (Volume 43) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882. Excerpt: ... t Feder v. Ilerrick. until the persons claiming to be next of kin have obtained a decree of the proper tribunal, establishing their title, aseertaining the amount due them respectively, and shall tender to him a refunding bond for the sum 'allotted' to them respectively." With respect to the suggestion that if a bond has not been tendered such fact can be set up by a plea in abatement, the sufficient answer is, that such a course would be entirely irregular. The use of this plea on such an occasion would be utterly abnormal. Such a plea is never appropriate when the plaintiff's case is imperfectly made out in the declaration; for such an imperfection a demurrer affords the only mode of exception. These are first principles of pleading, and it is not necessary to call in authorities to vouch for them. In regard to the cases cited by the counsel of the defendant in his brief, viz., Cowell v. Oxford, 1 Halst. 432, and ExWs of Henry ads. Lilley, 1 Butcher 302, it will be found upon looking into them that they were suits for the non-payment of legacies, and that they were decided on a peculiar expression to be found in the statute regulating that procedure, and they, therefore, are not applicable to the matter now in hand. Those decisions establish a mere matter of practice, and however open their grounds may be to criticism, after this lapse of time they are not to be disturbed, but they have no present bearing. The demurrer is sustained. MORRIS FEDER & CO. v. CARLETON M. HERRICK. 1. On demurrer to a declaration for libel the words must be construed in the sense imputed to them by the plaintiff. 2. Words having a tendency to bring a person into ridicule, hatred or contempt are actionable if written or published. 3. Caution against imputing in the pleading a m...