Mercantile National Bank v. Pequonnock National Bank
Supreme Court of New Jersey
The Mercantile National Bank of New York, having entered up a judgment in the Essex Circuit Court against Edwin O. Quigley, aud issued an execution thereon, which was levied on personal and real estate of the defendant, obtained a rule to show cause why an attachment issued out of this court previously levied upon said personal and real estate of Quigley, in favor of the Pequonnock National Bank of Bridgeport, Connecticut, should not be vacated.
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The Mercantile National Bank of New York, having entered up a judgment in the Essex Circuit Court against Edwin O. Quigley, aud issued an execution thereon, which was levied on personal and real estate of the defendant, obtained a rule to show cause why an attachment issued out of this court previously levied upon said personal and real estate of Quigley, in favor of the Pequonnock National Bank of Bridgeport, Connecticut, should not be vacated. The same judgment creditor also obtained a rule to show cause why another attachment out of this court' previously levied on the same property of…
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
It is settled in this court that a judgment creditor of a defendant in an attachment may intervene and set aside the attachment if it was improvidently issued. National Papeterie Co. v. Kinsey, 25 Vroom 29.
Each of the attachments which relator seeks to vacate was issued upon the order of a Supreme Court commissioner, under the provisions of the act entitled “An act to regulate the practice of courts of law,” approved March 10th, 1893. Pamph. L.,p. 181; Gen. Stat., p. 2601.
By that act it is provided that in all cases in which a capias ad…
2Cases cited1 opinion
- National Papeterie Co. v. KinseySupreme Court of New Jersey · 1891