Conover v. Ruckman
Supreme Court of New Jersey
On appeal from a decree of the vice-chancellor, reported in Conover v. Rudkman, 6 Stew. Eq. 685. The appeal in this case raises two questions: 1. “Whether money due on a decree of the court of chancery, or about to be paid to, or paid to a sheriff on an execution in his hands to raise money, issued out of the court of chancery, is the subject matter of attachment, and can be attached as a right and credit of the defendant in attachment. 2. Whether an injunction can be…
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On appeal from a decree of the vice-chancellor, reported in Conover v. Rudkman, 6 Stew. Eq. 685. The appeal in this case raises two questions: 1. “Whether money due on a decree of the court of chancery, or about to be paid to, or paid to a sheriff on an execution in his hands to raise money, issued out of the court of chancery, is the subject matter of attachment, and can be attached as a right and credit of the defendant in attachment. 2. Whether an injunction can be dissolved without notice, and upon motion to dismiss the bill for want of equity. Upon the first question: It is abundantly…
1Opinion of the Court
The opinion of the court was delivered by
Depub, J.
Margaret Ruckman obtained a decree in a foreclosure suit, wherein she was complainant, and John Dorn and his wife were defendants. Her bill was filed to foreclose a mortgage, made to her by Dorn and wife. Upon the decree, execution was issued, directed to the sheriff of the county of Monmouth. The sheriff had advertised, and was about to sell the mortgaged premises, to raise the money due on the decree. Conover sued out of the court of common pleas of the county of Monmouth a writ of attachment against Elisha Ruckman, as a non-resident debtor.…
2Cited by7 opinions
- Fredd v. DarnellNew Jersey Court of Chancery · 1930
- Hoffman v. KahnNew Jersey Court of Chancery · 1935
- Original R. & R. Pickle Works v. G. ARRIGONI & C.New Jersey Superior Court Appellate Division · 1953
- TR. OF CLIENTS'SEC. FUND v. YuchtNew Jersey Superior Court Appellate Division · 1989
- Western Sav Fund Soc., Phila. v. GoodmanNew Jersey Superior Court Appellate Division · 1968
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