State v. Howell
Supreme Court of New Jersey
On certiorari to Mercer Pleas, removing judgment rendered on appeal from a District Court. Hand was sheriff of the county of Cape May, and as such, at the suit of Hubbard & Company, took in execution the goods and chattels of one Elliott, a tenant of Howell, and, on May 24th, 1894, on the demised premises, sold the same. On June 8th, 1894, he paid to the plaintiffs in execution the proceeds of such sale. Howell sued for eight months’ rent due at the time of the same.
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On certiorari to Mercer Pleas, removing judgment rendered on appeal from a District Court. Hand was sheriff of the county of Cape May, and as such, at the suit of Hubbard & Company, took in execution the goods and chattels of one Elliott, a tenant of Howell, and, on May 24th, 1894, on the demised premises, sold the same. On June 8th, 1894, he paid to the plaintiffs in execution the proceeds of such sale. Howell sued for eight months’ rent due at the time of the same. At the trial Howell testified that on May 23d, 1894, he posted, prepaid, at Morrisville, Pennsylvania, a letter directed to the…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
Liability of the sheriff in this case must rest on the “Act concerning landlords aud tenants.” Gen. Stat., p. *1441915. Section 4 of that act is the descendant of the statute of 8 Anne, o. 14, which forbade the removal from leased premises of the tenant’s goods taken in execution, unless rent to the time of the levy (but not exceeding for one year) should be first paid. Our act carries the claim for rent down to the time of removal, and extends to other process. If a sheriff or other officer ignores this statute he is liable for such rent;…
2Cases cited2 opinions
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