# Strader v. Board of Chosen Freeholders of Sussex County

> Supreme Court of New Jersey · September 15, 1836 · 15 N.J.L. 433

URL: https://www.frixlaw.com/law-library/cases/8056798

## Case

- **Full name:** STRADER v. THE BOARD OF CHOSEN FREEHOLDERS OF SUSSEX COUNTY
- **Court:** Supreme Court of New Jersey
- **Decided:** September 15, 1836
- **Citations:** 15 N.J.L. 433
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8056798

## Opinion text

By the Court.
The rule must be made absolute. The court instead of dismissing the appeal, ought to have continued the cause and ordered a re-hearing. The effect of dismissing the appeal was not only to subject the appellant to the payment of costs, but to leave in full force, and thus in effect to affirm a judgment, from which the party had regularly appealed, without any decision on the merits of his case. Under the provisions of our statutes upon this subject, a regular appeal from the judgment of a court for the trial of small causes, effectually suspends, or rather supersedes that judgment; and the Court of Common Pleas must re-try the cause upon the merits, and give such judgment as the court below ought to have given.
Cited in Rodenbury v. Rosebury, 4 Zab. 493.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8056798. Public record. Not legal advice.