Adams v. Disston
Supreme Court of New Jersey
On error to the Supreme Court. The plaintiff in error is sheriff of the county of Atlantic. As such sheriff, he received a writ of fieri facias, issued out of the Supreme Court, on a judgment recovered by Disston against one George Strauck.
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On error to the Supreme Court. The plaintiff in error is sheriff of the county of Atlantic. As such sheriff, he received a writ of fieri facias, issued out of the Supreme Court, on a judgment recovered by Disston against one George Strauck. He made return that under and by virtue of the writ, he had levied on, and, June 14th, 1879, sold two barouches of the defendant to David Dunn for Richard Doughty and John B. Champion, for $335; but the said David Dunn, Richard Doughty and John B. Champion refused to pay the said sum of $335 for said barouches, or any part of the said sum of money due the…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
That a writ of error will lie m this case is indisputable. The court below adjudged the liability of the sheriff for the money in question as a matter of legal right, and ordered him to pay the money over. The order is a finality, and is in the nature of a final judgment. A writ of error will lie upon such a decision. Eames v. Stiles, 2 Vroom 490.
*664The plaintiff in error contends that the order is erroneous on several grounds.
First. That the defendant in execution did not own the property sold, and the purchasers took no title under the sale. In…
2Cases cited2 opinions
- Denton v. LivingstonNew York Supreme Court · 1812
- Newland v. BakerNew York Supreme Court · 1839