general common law rule (New Jersey) · Go Syfert
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general common law rule in New Jersey

14 New Jersey opinions name it 3 courts 1965–2021 1 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Continental Trailways, Inc. v. Director, Division of Motor Vehiclesgreen
nj · 1986 · cited in 4 New Jersey opinions naming this issue, 2001–2021
2 sentences

2021Rather, "[i]t long has been the general common-law rule that where a party, without mistake of fact, fraud, duress, or extortion, voluntarily pays money on a demand that is not enforc[ea]ble against him [or her], he [or she] may not recover it." Cont'l Trailways, Inc. v. Dir, Div. of Motor Vehicles, 102 N.J. 526, 548 (1986).

2013See Continental Trailways, Inc. v. Dir., Div. of Motor Vehicles, 102 N.J. 526, 548 , 509 A.2d 769 (1986) (“It long has been the general common-law rule that where a party, without mistake of fact, fraud, duress, or extortion, voluntarily pays money on a demand that is not enforc[ea]ble against him, he may not recover it.” (citations omitted)).

24
City of Camden v. Greengreen
nj · 1892 · cited in 1 New Jersey opinions naming this issue, 1986–1986
2 sentences

1986In re Fees of State Bd. of Dentistry, 84 N.J. 582, 588 (1980); Koewing v. West Orange, 89 N.J.L. 539 (E. & A. 1916); Camden v. Green, 54 N.J.L. 591, 593 (E. & A. 1892); Restatement of Restitution § 75, comment f (1937). [19] We most recently addressed this issue in In re *549 Fees of State Bd. of Dentistry, 84 N.J. 582 .

1986In re Fees of State Bd. of Dentistry, 84 N.J. 582, 588 (1980); Koewing v. West Orange, 89 N.J.L. 539 (E. & A.1916); Camden v. Green, 54 N.J.L. 591, 593 (E. & A.1892); Restatement of Restitution § 75, comment f (1937). 19 We most recently addressed this issue in In re Fees of State Bd. of Dentistry, 84 N.J. 582.

11
In Re an Increase in Fees by the New Jersey State Board of Dentistrygreen
nj · 1980 · cited in 1 New Jersey opinions naming this issue, 1986–1986
2 sentences

1986In re Fees of State Bd. of Dentistry, 84 N.J. 582, 588 (1980); Koewing v. West Orange, 89 N.J.L. 539 (E. & A.1916); Camden v. Green, 54 N.J.L. 591, 593 (E. & A.1892); Restatement of Restitution § 75, comment f (1937). 19 We most recently addressed this issue in In re Fees of State Bd. of Dentistry, 84 N.J. 582.

1986In re Fees of State Bd. of Dentistry, 84 N.J. 582, 588 (1980); Koewing v. West Orange, 89 N.J.L. 539 (E. & A.1916); Camden v. Green, 54 N.J.L. 591, 593 (E. & A.1892); Restatement of Restitution § 75, comment f (1937). 19 We most recently addressed this issue in In re Fees of State Bd. of Dentistry, 84 N.J. 582.

11
MAYOR, & C., OF ALPINE BOROUGH v. Brewstergreen
nj · 1951 · cited in 1 New Jersey opinions naming this issue, 1986–1986
1 sentence

1986Mayor, & c., of Alpine Borough v. Brewster, 7 N.J. 42, 52 (1951); Colon v. Tedesco, 125 N.J.Super 446, 455-456 (Law Div. 1973).

11
Kirby v. Columbian Institutegreen
njsuperctappdiv · 1968 · cited in 1 New Jersey opinions naming this issue, 1980–1980
1 sentence

1980See Kirby v. Columbian Institute, 101 N.J.

11
Eckman v. Greargreen
pactcompl · 1936 · cited in 1 New Jersey opinions naming this issue, 1970–1970
1 sentence

1970Kurilla v. Roth, 132 N.J.L. 213, 216 (Sup. Ct. 1944); Eckman v. Grear, 14 N.J.

11
Kurilla Ex Rel. Kurilla v. Rothgreen
nj · 1944 · cited in 1 New Jersey opinions naming this issue, 1970–1970
1 sentence

1970Kurilla v. Roth, 132 N.J.L. 213, 216 (Sup. Ct. 1944); Eckman v. Grear, 14 N.J.

11
State v. Doylegreen
nj · 1964 · cited in 1 New Jersey opinions naming this issue, 1965–1965
1 sentence

1965They contend that since the statutory offense of selling liquor to a minor, though denominated a "misdemeanor," is punishable by imprisonment for not more than 90 days, R.S. 33:1-51; Jucker v. Recorder's Court of Irvington, 133 N.J.L. 12, 13 ( Sup. Ct. 1945), it is in the category of common-law misdemeanor rather than felony, State v. Doyle, 42 N.J. 334, 349 (1964); State v. Hutchins, 43 N.J. 85, 100 (1964), for purposes of applying the general common-law rule that a peace officer may arrest without a warrant (there was no warrant here) for a misdemeanor only if the offense was committed in hi

11
Jucker v. Recorder's Court of Irvingtongreen
nj · 1945 · cited in 1 New Jersey opinions naming this issue, 1965–1965
1 sentence

1965They contend that since the statutory offense of selling liquor to a minor, though denominated a "misdemeanor," is punishable by imprisonment for not more than 90 days, R.S. 33:1-51; Jucker v. Recorder's Court of Irvington, 133 N.J.L. 12, 13 ( Sup. Ct. 1945), it is in the category of common-law misdemeanor rather than felony, State v. Doyle, 42 N.J. 334, 349 (1964); State v. Hutchins, 43 N.J. 85, 100 (1964), for purposes of applying the general common-law rule that a peace officer may arrest without a warrant (there was no warrant here) for a misdemeanor only if the offense was committed in hi

11
State v. Hutchinsgreen
nj · 1964 · cited in 1 New Jersey opinions naming this issue, 1965–1965
1 sentence

1965They contend that since the statutory offense of selling liquor to a minor, though denominated a "misdemeanor," is punishable by imprisonment for not more than 90 days, R.S. 33:1-51; Jucker v. Recorder's Court of Irvington, 133 N.J.L. 12, 13 ( Sup. Ct. 1945), it is in the category of common-law misdemeanor rather than felony, State v. Doyle, 42 N.J. 334, 349 (1964); State v. Hutchins, 43 N.J. 85, 100 (1964), for purposes of applying the general common-law rule that a peace officer may arrest without a warrant (there was no warrant here) for a misdemeanor only if the offense was committed in hi

11
State v. Smithgreen
nj · 1962 · cited in 1 New Jersey opinions naming this issue, 1965–1965
1 sentence

1965They contend that since the statutory offense of selling liquor to a minor, though denominated a "misdemeanor," is punishable by imprisonment for not more than 90 days, R.S. 33:1-51; Jucker v. Recorder's Court of Irvington, 133 N.J.L. 12, 13 ( Sup. Ct. 1945), it is in the category of common-law misdemeanor rather than felony, State v. Doyle, 42 N.J. 334, 349 (1964); State v. Hutchins, 43 N.J. 85, 100 (1964), for purposes of applying the general common-law rule that a peace officer may arrest without a warrant (there was no warrant here) for a misdemeanor only if the offense was committed in hi

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Kozusko v. Garretson green
nj · 1926
2 sentences

1979In Kozusko v. Garretson, supra, the court noted the general common law rule that where members of a governing body remain silent during voting, they should be counted with the affirmative votes, except where the nonvoters express themselves as being opposed to the proposition, in which case they should be counted with the negative votes.

1979In Kozusko v. Garretson, supra , the court noted the general common law rule that where members of a governing body remain silent during voting, they should be counted with the affirmative votes, except where the nonvoters express themselves as being opposed to the proposition, in which case they should be counted with the negative votes.

21979–1979
New Jersey State Bar Ass'n v. Berman green
njsuperctappdiv · 1992
2 sentences

2001In New Jersey State Bar Ass’n. v. Berman, 259 N.J.Super. 137 , 611 A.2d 1119 (App.Div.1992), the court stated as follows: Nevertheless, when a tax already collected is set aside by judicial decision, the law raises a presumption of refund in order to prevent the state from receiving unjust enrichment . .

2001In New Jersey State Bar Ass’n. v. Berman, 259 N.J.Super. 137 , 611 A.2d 1119 (App.Div.1992), the court stated as follows: Nevertheless, when a tax already collected is set aside by judicial decision, the law raises a presumption of refund in order to prevent the state from receiving unjust enrichment . .

12001–2001
De Marco v. Bd. of Chosen Freeholders of Bergen County green
nj · 1956
2 sentences

1999The motion judge concluded that Williams had authority to grant back pay and employment emoluments to plaintiff from the date of plaintiffs suspension, August 28, 1984, until the date of plaintiffs retirement, March 1, 1989, and that plaintiffs complaint was not barred by the statute of limitations. 5 I The general common law principle in New Jersey is that a “public officer who renders no service is not entitled to prevail in an action seeking compensation.” DeMarco v. Board of Chosen Freeholders of Bergen County, 21 N.J. 136, 143 , 121 A.2d 396 (1956).

1999The motion judge concluded that Williams had authority to grant back pay and employment emoluments to plaintiff from the date of plaintiffs suspension, August 28, 1984, until the date of plaintiffs retirement, March 1, 1989, and that plaintiffs complaint was not barred by the statute of limitations. 5 I The general common law principle in New Jersey is that a “public officer who renders no service is not entitled to prevail in an action seeking compensation.” DeMarco v. Board of Chosen Freeholders of Bergen County, 21 N.J. 136, 143 , 121 A.2d 396 (1956).

11999–1999
Stone v. Old Bridge Tp. green
njsuperctappdiv · 1987
2 sentences

1988Id. at 374 .

1988Id. at 374 .

11988–1988
Koewing v. Town of West Orange neutral
nj · 1916
2 sentences

1986In re Fees of State Bd. of Dentistry, 84 N.J. 582, 588 (1980); Koewing v. West Orange, 89 N.J.L. 539 (E. & A. 1916); Camden v. Green, 54 N.J.L. 591, 593 (E. & A. 1892); Restatement of Restitution § 75, comment f (1937). [19] We most recently addressed this issue in In re *549 Fees of State Bd. of Dentistry, 84 N.J. 582 .

1986In re Fees of State Bd. of Dentistry, 84 N.J. 582, 588 (1980); Koewing v. West Orange, 89 N.J.L. 539 (E. & A.1916); Camden v. Green, 54 N.J.L. 591, 593 (E. & A.1892); Restatement of Restitution § 75, comment f (1937). 19 We most recently addressed this issue in In re Fees of State Bd. of Dentistry, 84 N.J. 582.

11986–1986
A & S Manufacturing Co., Inc. v. Wetzler green
njsuperctappdiv · 1970
1 sentence

1973Statutes or rules of court providing for such service must be strictly construed and fully carried out in order to confer jurisdiction." A. & S. Manufacturing Co., Inc. v. Wetzler, 110 N.J.

11973–1973
Bone v. United States green
scotus · 1963
1 sentence

1965They contend that since the statutory offense of selling liquor to a minor, though denominated a "misdemeanor," is punishable by imprisonment for not more than 90 days, R.S. 33:1-51; Jucker v. Recorder's Court of Irvington, 133 N.J.L. 12, 13 ( Sup. Ct. 1945), it is in the category of common-law misdemeanor rather than felony, State v. Doyle, 42 N.J. 334, 349 (1964); State v. Hutchins, 43 N.J. 85, 100 (1964), for purposes of applying the general common-law rule that a peace officer may arrest without a warrant (there was no warrant here) for a misdemeanor only if the offense was committed in hi

11965–1965
Jackson v. United States green
scotus · 1963
1 sentence

1965They contend that since the statutory offense of selling liquor to a minor, though denominated a "misdemeanor," is punishable by imprisonment for not more than 90 days, R.S. 33:1-51; Jucker v. Recorder's Court of Irvington, 133 N.J.L. 12, 13 ( Sup. Ct. 1945), it is in the category of common-law misdemeanor rather than felony, State v. Doyle, 42 N.J. 334, 349 (1964); State v. Hutchins, 43 N.J. 85, 100 (1964), for purposes of applying the general common-law rule that a peace officer may arrest without a warrant (there was no warrant here) for a misdemeanor only if the offense was committed in hi

11965–1965

Where else courts name it

CA 99 (1912–2026) TX 72 (1934–2025) NY 38 (1854–2026) NC 32 (1969–2021) TN 24 (1912–2025) WA 24 (1952–2025) CT 24 (1887–2025) IL 22 (1909–2019) MN 19 (1967–2026) MO 16 (1900–2023) UT 16 (1987–2020) IN 15 (1903–2015) NJ 14 (1965–2021) MI 13 (1965–2025) MD 12 (1988–2024) PA 12 (1947–2024) AZ 11 (1969–2023) OH 11 (1971–2018) FL 11 (1958–2021) OR 10 (1975–2019) AR 9 (1938–2015) MA 9 (1932–2008) WV 9 (1982–2022) WI 9 (1882–2004) GA 8 (1902–2020) AL 8 (1968–2018) NM 8 (1998–2023) IA 7 (1902–2012) DE 7 (1927–2019) OK 7 (1992–2014) MT 6 (1969–2024) NH 6 (1881–2018) AK 5 (1977–2022) KS 5 (1984–2021) CO 5 (1978–2019) VT 4 (1980–2021) MS 4 (1986–1999) SC 4 (1984–2023) VA 4 (1987–2018) HI 4 (1971–2017) ND 3 (1992–2015) RI 3 (1992–2004) ID 3 (1986–2012) ME 3 (2005–2017) LA 2 (1908–1975) NE 2 (1922–1956) WY 2 (2004–2015) KY 2 (1929–1959)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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