Bernstein & Loubet, Inc. v. Minkin

The writ in this case was allowed to determine the validity of an attachment of a lot of tobacco products claimed to have been converted by the defendant to his own use.

Plaintiff in his brief asks to have the writ dismissed as having been issued in violation of a stipulation at the hearing .that if the then pending motion to quash the writ should be denied the defendant would “appear generally and ask for service of a complaint.”

If the defendant enter a general appearance it is a waiver of legality of issuance of the writ, and it will not be quashed. Moore v. Richardson, 65 N. J. L. 531; 47…