Tooker v. Roe
Supreme Court of New Jersey
On certiorari to the Court of Common Pleas of Sussex county, to’review a judgment on appeal from a justice’s court. The state of the case agreed on shows the following facts: The defendant, Charles Roe, Jr., was tax collector of the township of Erankford, in the county of Sussex, during the year 1876. A tax warrant was delivered to him by the township committee, directed to and requiring any constable of said county to make sale of lands of Daniel Rutan, for taxes assessed…
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On certiorari to the Court of Common Pleas of Sussex county, to’review a judgment on appeal from a justice’s court. The state of the case agreed on shows the following facts: The defendant, Charles Roe, Jr., was tax collector of the township of Erankford, in the county of Sussex, during the year 1876. A tax warrant was delivered to him by the township committee, directed to and requiring any constable of said county to make sale of lands of Daniel Rutan, for taxes assessed thereon for the year 1874. He advertised, and sold the lands September 2d, 1876, to Samuel Tooker, the highest bidder, at…
1Opinion of the Court
The opinion of the court was delivered by
Scedder, J.
The reasons assigned for reversal will be considered in their order. The objection that the action should have been an action on the case, and not in debt, is not tenable. The claim was to recover money had and received for the use of the plaintiff, and in that form, it was a demand founded on simple contract, for the payment of money only, and the suit therefor must be in the name, and style of an action for debt, in the court for the trial of small causes. Rev., p. 543, § 22. The next exception is that the collector, having paid the amount…
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