Oetjen v. Hintemann
Supreme Court of New Jersey
On certiorari to an order of a justice of the Supreme Court, in proceedings in said court supplementary to execution, requiring prosecutor, a judgment debtor, to pay $3 per week on account of judgment, costs, &c.
1Opinion of the CourtParker, J.
I encounter at the outset a difficulty of practice, viz., whether certiorari is -the proper method of attack upon an order of this kind when made by a Supreme Court justice.
Questions of this character arising in the lower courts have been brought up and adjudicated in contempt appeals under the statute (Adler v. Turnbull, 57 N. J. L. 62; Eggert v. Mellose, 80 Id. 101); on cases certified by the Circuit Court (Howell v. McDowell, 47 Id. 359; Westfall v. Dunning, 50 Id. 459); on certiorari to orders by judges of inferior courts (Spencer v. Monis, 67 Id. 500; Hershenstein v. Hahn, 77 Id. 39;…
2Cases cited1 opinion
- Russell v. Mechanics Realty Co.Supreme Court of New Jersey · 1916
3Cited by3 opinions
- State v. Court of Common PleasSupreme Court of New Jersey · 1948
- Asbury Park & Ocean Grove Bank v. DamUnited States District Court · 1938
- Crown Oil Co. v. EitnerNew Jersey Circuit Court · 1938