Stille v. Wood
Supreme Court of New Jersey
ON a rule to show cause why the return of Crips, late sheriff of Salem, on the Venditioni Exponas issued and returned in the above cause should not be set aside and vacated, — and why the proceedings had on the 1st of May 1786 (under the act of the legislature passed the 2Sd of March, 1786, entitled an aet to direct tbe mode of proceedings on writs oí fi. fa, and for transferring of lands and chattels ior the payment of deists,) fio*- the satisfying the fi. fa. in this case,…
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ON a rule to show cause why the return of Crips, late sheriff of Salem, on the Venditioni Exponas issued and returned in the above cause should not be set aside and vacated, — and why the proceedings had on the 1st of May 1786 (under the act of the legislature passed the 2Sd of March, 1786, entitled an aet to direct tbe mode of proceedings on writs oí fi. fa, and for transferring of lands and chattels ior the payment of deists,) fio*- the satisfying the fi. fa. in this case, and the schedule of lands and tenements, alleged to have been appraised and transferred to plaintiff in discharge of…
1Opinion of the Court
Per. Curiam.
The point before the court is of consider-
able importance. It is to set aside the proceedings on the execution when the plaintiff himself has brought a set. fa. on the judgment, had a trial and a second judgment thereon which has been reversed for error.
This motion is to set aside the proceedings on the execution issued on the first judgment. It has been contended that the rule to show cause is of course; on this point it may be proper to remark, that it is not of course, either in this country or in England. Buller says it is granted for little more than asking; — but this little…
2Cited by1 opinion
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