harsh rule (New Jersey) · Go Syfert
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harsh rule in New Jersey

10 New Jersey opinions name it 2 courts 1950–2004 0 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 (2)

CaseFollowedCited
Fernanders v. MARKS CONST. OF SC, INC.green
scctapp · 1998 · cited in 1 New Jersey opinions naming this issue, 2002–2002
2 sentences

2002Fernanders v. Marks Constr. of South Carolina, Inc., 330 S.C. 470 , 499 S.E.2d 509, 512-13 (1998).

2002Fernanders v. Marks Constr. of South Carolina, Inc., 330 S.C. 470 , 499 S.E.2d 509, 512-13 (1998).

11
Edwards v. Leopoldigreen
njsuperctappdiv · 1952 · cited in 1 New Jersey opinions naming this issue, 1978–1978
1 sentence

1978School Trustees of Trenton v. Bennett, supra ; John McShain, Inc. v. United States, supra ; Edwards v. Leopoild, 20 N.J.

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 (9)

CaseCitedYears
Township of Springfield v. Pedersen green
nj · 1977
2 sentences

2001N.J.S.A. 40A:14-23 (firefighters); N.J.S.A. 40A:14-151 (police officers). “[T]he legislative purpose sought to be achieved by these enactments was to change the harsh rule of the common law which had denied recovery to blameless municipal officials who had been improperly suspended or dismissed from office.” Township of Springfield v. Pedersen, 73 N.J. 1, 7 , 372 A.2d 286 (1977) (emphasis added); accord Note, The Right of New Jersey’s Governmental Officers and Employees to Recover for Back Pay When Illegally Dismissed or Suspended, 15 Rutgers L.Rev. 516 (1961) [hereinafter Governmental Officer

2001N.J.S.A. 40A:14-23 (firefighters); N.J.S.A. 40A:14-151 (police officers). “[T]he legislative purpose sought to be achieved by these enactments was to change the harsh rule of the common law which had denied recovery to blameless municipal officials who had been improperly suspended or dismissed from office.” Township of Springfield v. Pedersen, 73 N.J. 1, 7 , 372 A.2d 286 (1977) (emphasis added); accord Note, The Right of New Jersey’s Governmental Officers and Employees to Recover for Back Pay When Illegally Dismissed or Suspended, 15 Rutgers L.Rev. 516 (1961) [hereinafter Governmental Officer

22001–2001
Manning Engineering, Inc. v. Hudson County Park Commission green
nj · 1977
2 sentences

2004In Manning Engineering, plaintiff received a county contract for engineering services because of its principal's "role as a conduit for illegal `kickbacks.'" 74 N.J. at 119 , 376 A. 2d at 1197 .

2004In Manning Engineering, plaintiff received a county contract for engineering services because of its principal's "role as a conduit for illegal `kickbacks.'" 74 N.J. at 119 , 376 A. 2d at 1197 .

12004–2004
S. T. Grand, Inc. v. City of New York green
ny · 1973
1 sentence

2004The court explained that "[t]he reason for this harsh rule, which works a complete forfeiture of the vendor's interest, is to deter violation of the bidding statutes." Ibid.

12004–2004
United States v. John E. Scales green
ca6 · 1979
1 sentence

2002Rather than imposing such a harsh standard of impossibility, “[alll that is required for the rule to apply is that the underlying writings be ‘voluminous’ and that incourt examination not be convenient.” Id.

12002–2002
Soronen v. Olde Milford Inn, Inc. green
nj · 1966
2 sentences

1994There, we reassessed our holding in Soronen v. Olde Milford Inn, 46 N.J. 582 , 218 A.2d 630 (1966), in light of the Legislature’s decision to supplant the harsh doctrine of contributory negligence with comparative negligence.

1994There, we reassessed our holding in Soronen v. Olde Milford Inn, 46 N.J. 582 , 218 A.2d 630 (1966), in light of the Legislature’s decision to supplant the harsh doctrine of contributory negligence with comparative negligence.

11994–1994
Superintendent & Trustees of Public Schools v. Bennett green
nj · 1859
1 sentence

1978School Trustees of Trenton v. Bennett, supra ; John McShain, Inc. v. United States, supra ; Edwards v. Leopoild, 20 N.J.

11978–1978
Jones v. Jones green
fla · 1935
2 sentences

1953In Jones v. Jones, 119 Fla. 824 , 161 So. 836 , 104 A.L.R. 1 (1935), the Supreme Court said: "In divorce matters modern civilization strongly condemns the harsh doctrine of ab initio sentences of nullity.

1953In Jones v. Jones, 119 Fla. 824 , 161 So. 836 , 104 A.L.R. 1 (1935), the Supreme Court said: "In divorce matters modern civilization strongly condemns the harsh doctrine of ab initio sentences of nullity.

11953–1953
Commonwealth v. New green
pasuperct · 1940
1 sentence

1953Commonwealth v. New, 142 Pa. Super. 358 , 16 A. 2 d 437 (1940) is considered in Commonwealth v. Gordon , below, as virtually abandoning the harsh test of Regina v. Hicklin .

11953–1953
Western & Atlantic R. v. Underwood neutral
gand · 1922
1 sentence

1950Co. v. Underwood, supra, wherein the court used the following-cogent language: “* * * That the consignee cannot accept delivery without incurring liability for the carrier’s charges, known or unknown, supposed to be prepaid or otherwise, and no matter what the consignee’s actual relation to the shipper is, appears a harsh rule, but is seemingly established by authority.

11950–1950

Where else courts name it

CA 59 (1891–2026) TX 58 (1889–2018) NY 34 (1876–2025) PA 24 (1827–2018) IL 24 (1899–2020) MO 23 (1885–2016) FL 17 (1920–2010) GA 17 (1950–2012) KS 16 (1906–2022) IA 15 (1889–2018) OR 13 (1920–2025) OK 13 (1914–2001) LA 13 (1926–1994) WA 13 (1901–2009) CT 13 (1914–2010) WV 12 (1882–2003) MA 11 (1888–2018) NJ 10 (1950–2004) OH 10 (1914–2013) MI 10 (1926–1994) ID 9 (1966–2011) NC 9 (1911–2004) IN 9 (1890–2023) HI 9 (1923–2003) CO 9 (1930–2017) AL 8 (1895–1996) KY 8 (1917–2005) WI 8 (1900–2019) MN 7 (1947–1986) AR 7 (1978–2018) AZ 6 (1913–1979) TN 6 (1966–2005) SD 6 (1914–1996) MD 6 (1948–2014) ND 6 (1913–1991) VA 5 (1918–1998) SC 5 (1927–2001) WY 5 (1895–1988) VT 4 (1868–2014) MT 4 (1896–1947) RI 3 (1978–1999) NE 3 (1998–2019) AK 3 (1991–2019) DE 3 (1915–2021) NM 3 (1943–1995) VI 2 (1982–2014) NH 2 (1976–2018) DC 2 (1978–1980)

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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