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On defendants ' rule to show cause . Before GUM MERE , CHIEF JUSTICE , and
Justices SWAYZE and BERGEN . For the rule , Philip J . Schotland . Contra ,
John A . Bernhard . The opinion of the court was delivered by GUMMERE ,
35 , he may enter judgment against him for that sum , with interest thereon from
the date of the trial ; provided he will also consent that a judgment of no cause of
action be entered in favor of Mrs . Scarlett . Otherwise , the rule to show cause will
I ' pon the inspection of this judgment record a rule was entered striking the name
of Harris from the roll . The criminal judgment was reversed by this court at the
February term , 1896 . State v . Harris , 58 N . J . L . 436 . Harris made
Upon the whole , we conclude that there should be no hard and fast rule upon
the subject of restitution , but that each case should be considered and dealt with
in the light of its own circumstances , bearing in mind that the aim of the court is to
This is the ordinary rule as to the character of the proof by which a rebuttable
presumption resting upon a high order of evidence may be overthrown .
Independently of this judicial rule the legislature in the present statute laid down
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