Leeds v. Mueller
Supreme Court of New Jersey
Upon an affidavit of a debt due from “ the estate of Henry Mueller,” a justice of the peace issued a writ of attachment .against the effects of “ the estate of Henry Mueller.” Gustave Mueller, executor of Henry Mueller, came before the justice, protested against his jurisdiction, and moved 'to ■quash the writ.
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Upon an affidavit of a debt due from “ the estate of Henry Mueller,” a justice of the peace issued a writ of attachment .against the effects of “ the estate of Henry Mueller.” Gustave Mueller, executor of Henry Mueller, came before the justice, protested against his jurisdiction, and moved 'to ■quash the writ. The justice refused the motion, but amended his proceedings so as to make Gustave Mueller, executor of the estate of Henry Mueller, appear as the defendant, and rendered judgment against him. Gustave Mueller had not entered appearance or given bonds under the Attachment act. Rev., p.…
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
Prosecutors, who were plaintiffs in the attachment issued by the justice of the peace, object to the judgment of the Common Pleas, on the ground that the appeal conferred on it no jurisdiction over the attachment proceedings or judgment.
The act of March 8th, 1798, which conferred power on a justice of the peace to issue writs of attachment, did not confer that power upon him as a judge in the court for the trial of small causes. Pev. L., p. 362, § 33; Laird v. Abrahams, 3 Gr. 22. That act gave no right of appeal, and it is evident that the…
2Cited by1 opinion
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