Force v. Gardner
Supreme Court of New Jersey
On rule to show cause why John Gardner, late sheriff of the county of Warren, should not be amerced for failure to enforce apluries fi. fa. issued out of this court on a judgment against Joseph S. Cook in favor of William M. Force, and delivered to the sheriff on or soon after April 18th, 1877.
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
The amercement of the sheriff is urged upon this rule on two grounds—(1) because he did not return the writ as required by its terms and by law; (2) because he did not enforce it upon property of the defendant in execution liable to be levied on and sold thereunder.
The first ground need not be considered, as it has been settled not to be a cause for amercement. Hoagland v. Todd, 8 Vroom 544, and cases there collected.
The second ground relates to both real and personal property of the defendant in execution, which plaintiff claims the sheriff…
2Cited by2 opinions
- Vitale v. Hotel California, Inc.New Jersey Superior Court Appellate Division · 1982
- Sears, Roebuck & Co. v. BraneyNew Jersey Superior Court Appellate Division · 1993