Matthews v. Warne
Supreme Court of New Jersey
The following rule was taken on behalf of Jeremiah Matthews, a creditor of Henry "Warne, who had obtained a judgment in the Court of Common Pleas of Hunterdon, and issued execution thereon, viz : John Warne, Sr. Henry Warne. v. It is ordered by the court, that the administrators of John Warne, Jr., who was the plaintiff in the execution, now deceased, and that John Stiers, the plaintiff in another execution against the said Plenry Warne, issued out of this court, do…
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The following rule was taken on behalf of Jeremiah Matthews, a creditor of Henry "Warne, who had obtained a judgment in the Court of Common Pleas of Hunterdon, and issued execution thereon, viz : John Warne, Sr. Henry Warne. v. It is ordered by the court, that the administrators of John Warne, Jr., who was the plaintiff in the execution, now deceased, and that John Stiers, the plaintiff in another execution against the said Plenry Warne, issued out of this court, do respectively shew cause before this court, on the first day of the next term of this court, why the moneys arising from the sale…
1Opinion of the Court
*362Drake, Justice. In the cases of Scudder and Coryell, decided in May term, 1829, no reasons were filed, but there were no objections on this ground. ,
Ford, Justice. It has not been the practice to file reasons, or make a state of the case, and the reasons may be, that the affidavits on which the applications are made, are taken on notice, and disclose the ground of the application. Let the argument proceed.
Saxton. There were five executions issued against Henry *305] * Warne. The two first were out of the question; and the dispute was between John Warne’s execution, No, 3, and Matthews’ execution…
2Cases cited8 opinions
- Beals v. GuernseyNew York Supreme Court · 1811
- Haggerty v. WilberNew York Supreme Court · 1819
- Hotchkiss v. M'VickarNew York Supreme Court · 1815
- Kellogg v. GriffinNew York Supreme Court · 1820
- Slingerland v. SwartNew York Supreme Court · 1816
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