Kemble v. Harris
Supreme Court of New Jersey
In error to the Supreme Court. On the 15th day of February, 1870, a writ of fieri facias, returnable on the fourth Tuesday of that month, was issued out of the Supreme Court at the suit of Phebe Harris, against Alexander Kirkpatrick, directed to the sheriff of Burlington. It was delivered to the sheriff on the 22d day of the same month, the day on which it was returnable.
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In error to the Supreme Court. On the 15th day of February, 1870, a writ of fieri facias, returnable on the fourth Tuesday of that month, was issued out of the Supreme Court at the suit of Phebe Harris, against Alexander Kirkpatrick, directed to the sheriff of Burlington. It was delivered to the sheriff on the 22d day of the same month, the day on which it was returnable. On the 24th he made a levy under it on certain personal property in the possession of the defendant, and on the 28th, apprised the plaintiff’s attorney of the levy, at the same time informing him that the defendant’s wife,…
1Opinion of the Court
The opinion of the court was delivered by
The Chancellor.
On the argument in this court it was urged that the notice of amercement was insufficient, because it stated the grounds of the application to be that the sheriff had “ neglected and refused to execute the writ of execution, and that he had neglected to file a just and true inventory of the goods and chattels, lands and tenements levied on and taken in execution ” under the writ, which was a fieri facias,. while judgment of amercement was asked solely on the ground that the sheriff had not proceeded to sale of the property levied on. It…
2Cited by2 opinions
- Vitale v. Hotel California, Inc.New Jersey Superior Court Appellate Division · 1982
- Sears, Roebuck & Co. v. BraneyNew Jersey Superior Court Appellate Division · 1993