Legal Opinion

Christmas v. City of Asbury Park

District Court, D. New Jersey

Decided November 27, 1943No. 4851Published

1Opinion of the Court

FORMAN, District Judge.

The original plaintiffs in this cause were Albert G. Christmas, Nolan Harrigan and Edwin H. Barker, who recovered a judgment against the City of Asbury Park on February 21, 1935, in the sum of $1,419,-104.63 damages and $28.71 costs, upon certain bonds and coupons issued by said City and which were then in default. A writ of execution was issued and returned unsatisfied.

In New Jersey the real and personal property of a municipal corporation, held and used by it for corporate purposes, is exempt from levy and sale under execution. The remedy for such a creditor is by way…

2Cases cited14 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  3. Veix v. Sixth Ward Building & Loan Assn. of NewarkSupreme Court of the United States · 1940
  4. Davis v. MillsSupreme Court of the United States · 1904
  5. W. B. Worthen Co. v. KavanaughSupreme Court of the United States · 1935

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