Cox v. Marlatt
Supreme Court of New Jersey
Several executions were issued on judgments obtained in this court, at the suit of William M. Cox, John R. Ely, Aaron Dawes, and Alfred Perrine, respectively, against the property of Benjamin Marlatt. The sheriffs of Middlesex and Mercer made sale of the defendant’s property, under the executions, and the money was paid into court. By the order of'this court, the amount raised upon the executions, $5419.30, was directed to be paid by the clerk, according to the priorities.
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Several executions were issued on judgments obtained in this court, at the suit of William M. Cox, John R. Ely, Aaron Dawes, and Alfred Perrine, respectively, against the property of Benjamin Marlatt. The sheriffs of Middlesex and Mercer made sale of the defendant’s property, under the executions, and the money was paid into court. By the order of'this court, the amount raised upon the executions, $5419.30, was directed to be paid by the clerk, according to the priorities. The money raised not being sufficient to pay the amount of all the executions, the question was raised by Alfred Perrine,…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
The allowance of interest on the several judgments is not questioned in this case, nor can it be according to the settled practice of the courts of this state. After much debate in the English courts, the law was settled by Stat. 1 *390& 2 Vict., ch. 110, § 17, which declares that every judgment debt shall carry interest at the rate of four per centum per annum, from the time of entering of the judgment, and from the time of the passage of the act in cases of judgment then entered up, and not carrying interest until the same shall be satisfied,…
2Cases cited1 opinion
- Sayre v. AustinNew York Supreme Court · 1830
3Cited by2 opinions
- Lindsay v. BolesNew Jersey Superior Court Appellate Division · 1960
- Stein v. DelanoDistrict Court, D. New Jersey · 1940