Legal Opinion

Buchannan v. Rowland

Supreme Court of New Jersey

Decided February 15, 1820PublishedCited by 3 opinions

THIS case came before the court, at November, 1819, on a rule to shew cause, why the verdict, taken before Justice Southard, at the Somerset circuit, in April, 1818, should not be set aside. _ _ Upon argument and motion, in open court, a special scire facias, under the statute, was issued, returnable to February term, 1817. It recited, in substance, that October, 1788, in the Common Pleas of Somerset county, Buchannan and Opdike, executors of John Opdike,mcovered against…

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THIS case came before the court, at November, 1819, on a rule to shew cause, why the verdict, taken before Justice Southard, at the Somerset circuit, in April, 1818, should not be set aside. _ _ Upon argument and motion, in open court, a special scire facias, under the statute, was issued, returnable to February term, 1817. It recited, in substance, that October, 1788, in the Common Pleas of Somerset county, Buchannan and Opdike, executors of John Opdike,mcovered against Thomas Peterson, Thomas Peterson, jun., and Harpent Peterson, a debt of £277 14s. lid, with their That this judgment Was…

1Opinion of the Court

Kirkpatrick C. J.

This was a special scire facias, directed to the heirs and tenants of the lands which formerly belonged to one Thomas Peterson, dec., to shew cause, why the said lands should not he sold by tile present sheriff, by virtue of an execution levied upon the same, by a former sheriff, now deceased, to satisfy the plaintiff of a certain judgment therein set forth.

To this scire facias there were a number of pleas, one of which was payment, and issues taken thereupon, (a) The cause was carried down, for trial, to the Somerset circuit, in April, 1818, and verdicts rendered for the…

2Cited by3 opinions

  1. In Re Ved Elva, Inc.District Court, D. New Jersey · 1966
  2. Giordano v. WolcottNew Jersey Superior Court Appellate Division · 1957
  3. ADAMAR OF NEW JERSEY, INC. v. MasonNew Jersey Superior Court Appellate Division · 2008

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