Corbett v. Young Men's Christian Ass'n of Madison

• Decision Date: 08 November 1909
• Citation: Corbett v. Young Men's Christian Ass'n of Madison, 74 A. 297, 79 N.J.L. 126 (N.J. 1909)
• Parties: CORBETT v. YOUNG MEN'S CHRISTIAN ASS'N OF MADISON.
• Court: New Jersey Supreme Court

74 A. 297

79 N.J.L. 126

CORBETT

v. YOUNG MEN'S CHRISTIAN ASS'N OF MADISON.

Supreme Court of New Jersey.

Nov. 8, 1909.

Error to Court of Common Pleas, Morris County.

Action by John V. Corbett against the Young Men's Christian Association of Madison. Judgment for defendant was affirmed in the Court of Common Pleas, and plaintiff brings error. Dismissed.

Argued June term, 1909, before GUMMERE, C. J., and GARRISON and PARKER, JJ.

Vreeland, King, Wilson & Lindabury, for plaintiff in error. Willard W. Cutler, for defendant in error.

PARKER, J. This writ of error brings up a judgment of the Morris county common pleas, rendered on appeal from the judgment of a small case court.

In Trimmer v. Bonnell. 65 N. J. Law, 66, 46 Atl. 768, this court held that, while judgments of the common pleas in suits originally instituted in that court are reviewable by writ of error, judgments on appeal from a small cause court may be reviewed only by writ of certiorari. The statutes cited in the opinion by Justice Van Syckel are still in force. Section 66 of the justice's court act of 1846 became section 95 of the revised act of 1874 (Revision 1877, p. 556; Gen. St. p. 1882), and is now section 91 of the revised act of April 8, 1903 (P. L. p. 278), while section 4 of the circuit court act now appears as section 92 of the revised small cause court act.

For the reasons given in Trimmer v. Bonnell, the...