The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-05-05
v. C. PITNEY SUED
Oscar F. Burton of BelleVille
Asks So, 900 Damages
for Action in Tort.
RESULT OF PLAINTIFFS DIVORCE CASE
Lawyers Say Burton by His
Course Has Rendered Him.
self Liable for Contempt.

Here's a how dye do! A man named
| Oscar F. Burton of Belleville has begun
a suit in tort against Vice Chancellor Pit
ney, from whom he vainly expects 2,e0o
damages.
A few days ago. Sheriff Carl Ruempier
received package of papers and in 1t a
summons to serve on the Vice Chances
lor Clerk N. P. Wedin hastily looked
over them and discovered that some or
the papers weren't signed, and ne at onca
returned them to Mr.. Burton with the
request to put them into legal shape and
| send them back to the Sheriff office.
They were received this morning and Con-
stable F. Bndden served them on the Vice
Chancellor, who sat i'll Chancery Cnam-
bers this morning.
When the Vice Chancellor received the
summons he laughed loud and long and
treated the whole matter as an immense
joke. He wouldn't say anything about
the complaint.
The news about the service of the pa
pers in the novel suit soon became known
and the lawyers in court today enjoyed
the humor Of the proceedings.
That's good joke, remarked a lea
der of the bar, '.If it costs me a client
I'm going to hear that suit if it comes 10
trial"
Just imagine our popular Vice chan
cellor in the witness chair under choss
examination. Phewl I wouldn't UNDER
take that job for a farm observed an
other lawyer.
''The thing is utterly absurd, comment-
ed a third member of the bar. This IS
the action Of some crank"
The declaration alleges that the defend-
ans Vice Chancellor after the PLAINTIFF 5
bill for divorce had been referred by ti1s
late Chancellor McGnl TO Vice Chancel-
lor Stevens, without Jurisdiction did issue
an order for alimony pendente lite, and
also signed the name of the late Chan
cellor McGill to the papers in the case
without authority.
Some leading lawyers of the county
who have heard of the usual proceedings
declare that the plaintiff by his action in
the suit renders himself liable for con-
tempt of court
The plaintiff in his declaration sets forth
that h ehled a bill in Chancery against
his wife, Mary A. Burton. according to
the provisions Of section 40 OF the divorces
act on May %, 1899 The declaration con
tinues:
sey on the seventh day of September, 1899.
referred the said bill to Vice Chancellor
f. w Stevens to hear for him; and
Whereas, The said H. C. Pitney, Vice
Chancellor. did, on the 26th day of Sep
tember, 1889, without jurisdiction in the
said case. and in violation of Rule 1874 OF
the Court of Chancery, issue an order for
alimony pendente lite in said case; and
Whereas Said order was founded on
false affidavit unified and uncertifed and
issued ex-parte and falsifed on its face,
the name of the late Chancellor Alex T.
McGiH forged on it in the handwriting of
the said Vice Chancellor H. c. Pitney,
whose said acts violated Article 1, Sec
tions and 9 of the State Constitution,
and Section 20 of the Divorce Act of this
State, as ruled by the Court of Errors
and Appeals in Yule VS.. Yule and Dough-
erty vs. Dougherty, viz, that the court
has no power to allow alimony pendente
Iite.'
'eThe said order also, in a measure, re-
verses final decree on the same subject
granted to this plaintiff by the late Chan
eellor McGin and afterward by the Court
of Errors and appeals, and entered on
August IS, 1894. The aforesaid acts of Vice
Chancellor Pitney are characterized in
the fourteenth section of the Crimes Act
of this State as high misdemeanor. pun
ishable by fine or Imprisonment.
whereas, The plaintiff did. on October
1G, 1899, appeal to Vice Chancellor Pitney
in Chancery Chambers, Jersey City, by
formal motion, thus making the said order
in effect a writ of sequestration with
penalty attached to it.
Whereas. The aforesaid acts have
caused this plaintiff much suffering, sick
ness and loss of property, for which this
plaintiff claims $1,000 damages