Watson v. Noblett
Supreme Court of New Jersey
On certiorari. On November 25th, 1899, a writ of attachment was ordered and issued out of Essex County Circuit Court, under the act of March. 10th, 1893 (Gen. Btat., p. 2601), authorizing such a writ in cases of fraud. The writ was returnable December 9th, 1899, and was duly executed on goods and lands and duly returned. On December 9th, 1899, the defendant entered his general appearance in the action and served notice thereof.
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On certiorari. On November 25th, 1899, a writ of attachment was ordered and issued out of Essex County Circuit Court, under the act of March. 10th, 1893 (Gen. Btat., p. 2601), authorizing such a writ in cases of fraud. The writ was returnable December 9th, 1899, and was duly executed on goods and lands and duly returned. On December 9th, 1899, the defendant entered his general appearance in the action and served notice thereof. On December 9th, 1899, the plaintiff issued an alias writ, which was executed on other goods of the defendant. On January 6th, 1900, the defendant gave notice of…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
The plaintiffs challenge the propriety of the inquiry that was determined against them. They urge, and we think rightly, that after the general appearance entered in their suit no motion to quash the writ that formed its foundation should have been entertained. The learned judge who decided otherwise did so because the act of 1893 did not, in terms, authorize an appearance j but no such express authority was needed. The writ of attachment was a very ancient judicial process designed to coerce an appearance on pain of eventual outlawry.…
2Cases cited4 opinions
- Connelly v. LercheSupreme Court of New Jersey · 1893
- Davis v. MegrozSupreme Court of New Jersey · 1893
- Jackson v. JohnsonSupreme Court of New Jersey · 1889
- Logan v. LawsheSupreme Court of New Jersey · 1898
3Cited by2 opinions
- Barber v. MorganSupreme Court of Connecticut · 1911
- Jordan v. HoffmanSupreme Court of New Jersey · 1941