Laird v. Abrahams
Supreme Court of New Jersey
This was an application for a mandamus. The following is a state of the case, agreed upon by the counsel of the parties:— “ On the 22d July 1838, John Hedden, one of the Justices of the Peace in and for the county of Monmouth, issued an attachment for twenty dollars, against John Lincoln, an absconding debtor, on the application of Daniel Laird, one of the firm of David and Daniel Laird, an affidavit according to the statute in such case made and provided, having been first…
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This was an application for a mandamus. The following is a state of the case, agreed upon by the counsel of the parties:— “ On the 22d July 1838, John Hedden, one of the Justices of the Peace in and for the county of Monmouth, issued an attachment for twenty dollars, against John Lincoln, an absconding debtor, on the application of Daniel Laird, one of the firm of David and Daniel Laird, an affidavit according to the statute in such case made and provided, having been first filed. On the 22d July 1833, the attachment was returned, served by reading it to Simon Abrahams, in the presence of…
1Opinion of the Court
*24The opinion of the court was delivered by
Hornblower, C. J.
Application is made to this court for a mandamus to be directed to a Justice of the Peace, commanding him to issue an execution, on a judgment rendered before him against the defendant, as garnishee of an absconding debtor. The reason assigned by the justice, for refusing to issue an execution, is that the defendant in scire facias has appealed to the Court of Common Pleas of Monmouth county, and that that court has reversed his decision or judgment- in the matter.— Whether a mandamus ought to issue or not, depends therefore upon the…
2Cited by1 opinion
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