Asbury Park v. Hawxhurst

ASBURY PARK, IN ERROR v. THOMAS R. HAWXHURST, IN ERROR

Asbury Park v. Hawxhurst, 52 A. 694 (N.J. 1902)

Court: Supreme Court of New Jersey · State Highest Courts
Decided: June 16, 1902
Judges: Garretson
Citations: 52 A. 69467 N.J.L. 58238 Vroom 5821902 N.J. LEXIS 132

Cited by 0

Headnotes

1. The action of ejectment' by the municipal authority is the appropriate remedy against a person unlawfully encroaching upon a public highway under its control. 2. A right in the nature of an easement, if it exists in the defendant, does not constitute a defence to an action of ejectment.

Summary

On error to the Supreme Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Garretson

Text extracted by OCR from a scanned original; check the original for exact wording.

The opinion of the court was delivered by Garretson, J.

This case is legally indistinguishable from that of Ocean Grove v. Benthall, decided in this court, and reported in 34 Vroom 312 .

The judgment is affirmed.

For affirmance — The Chancellor, Ci-iiee Justice, Van Syckel, Dixon, Garrison, Collins, Garretson, Hendrickson, Pitney, Krueger, Adams, Vredenburgi-i, Voorhees, Vroom. 14.

For reversal — None.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 1

Depth	Case	Cited by
	Ocean Grove Camp Meeting Ass'n of the Methodist Episcopal Church v. Berthall, 43 A. 887 (N.J. 1899)	3

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