Grossman Furniture Co. v. Pierre

Yanoff, P. J. D. C.

This is a test case in -which defendant questions the constitutionality of the New Jersey Replevin Act, N. J. S. A. 2A:59-1, on the ground that it permits the taking of property by force without a preliminary trial-type hearing, alleging that it thereby violates the Fourth and Fourteenth Amendments of the United States Constitution. No claim is made of unconstitutionality under the New Jersey Constitution.

The factual context in which the issue is raised is that plaintiff sold defendant and her husband household furniture, including a bedroom set, a refrigerator and other…