Mohr v. Sonnet

• Decision Date: 14 August 1939
• Citation: 8 A.2d 109,17 N.J.Misc. 226
• Parties: MOHR v. SONNET.
• Court: New Jersey Supreme Court

8 A.2d 109

17 N.J.Misc. 226

MOHR

v. SONNET.

District Court of New Jersey. Perth Amboy.

Aug. 14, 1939.

Action by Charles H. Mohr against Carl Sonnet for damages to lands, buildings and shrubbery in Middlesex county, which was transferred from a district court in Essex county to the Perth Amboy district court. On defendant's motion to dismiss the action.

Action dismissed.

Parker E. Nielsen, of Perth Amboy, for plaintiff.

Huyler E. Romond, of Perth Amboy, and Osborne, Cornish & Scheck, of Newark, for defendant.

MELKO, Judge.

The plaintiff brought this action in the District Court of the Second Judicial District of the County of Essex, seeking to recover damages allegedly caused by the defendant's automobile negligently striking and destroying lands, buildings, and shrubbery of the plaintiff located in Middlesex county.

Defendant's objection that this was a local action and under the provision of Revised Statutes 1937, 2:27-18, N.J.S.A. 2:27-18, should be tried in the County in which the real estate in question is situated or the cause of action arose, was sustained and an order made accordingly transferring the action to the Perth Amboy District Court.

Defendant now appears specially and moves to dismiss the action under the provision of Revised Statutes 1937, 2:8-38, N.J. S.A. 2:8-38, which provides that "* * the territorial jurisdiction of every district court shall be coextensive with the limits of the county wherein the city or judicial district court is established." The defendant resides in the County of Essex and it is his contention that he is not within the territorial jurisdiction of the Perth Amboy District Court.

The transfer was made by virtue of the Transfer of Causes Act, R.S. 2:26-60, N.J S.A. 2:26-60, which provides: "No cause or matter pending in the court of chancery, supreme court, a circuit court, a court of common pleas, a district court, a court of oyer and terminer, a court of quarter sessions or a court of special sessions shall be dismissed solely on the ground that such court is without jurisdiction of the subject matter, either in the original suit or on appeal, but the cause or matter shall be transferred, with the record thereof and all the papers filed in the cause, to the proper court for hearing and determination. The record shall, when necessary, include a transcript of all entries and proceedings in the cause."

The District Courts are creatures of the Legislature, which can assign them such territorial...