Sears, Roebuck & Co. v. Braney

MENZA, J.S.C.

Plaintiff moves for an order to amerce the Sheriff of Middlesex County.

The question presented is whether a sheriff may charge mileage for each time he attempts service of process or whether he is entitled to only one mileage fee regardless of the number of attempts he makes to serve process.

This is a novel question which has not been decided in New Jersey.

On November 21, 1991, the plaintiffs attorney forwarded a summons and complaint to the Sheriff of Middlesex County with instructions to serve the defendant at a particular address in South Amboy, N.J. At the same time he…