Watson v. Hoel

Watson v. Hoel, 1 N.J.L. 158 (1792)

Court: Supreme Court of New Jersey · State Highest Courts
Decided: May 15, 1792
Judges: Cur
Citations: 1 N.J.L. 158

Cited by 0

Headnotes

A sheriff in his return to a ft. fa., must particularly specify the different articles upon which he has levied. Nor will he be excused on the allegation that the same articles had been already seized under a prior execution.

Summary

This was a rule to show cause why Allen, the sheriff of Morris, should not be amerced. It appeared that he had re» turned the fi. fa. to April Term, 1791, and instead of endorsing a particular inventory of the articles upon which he had levied, he had recited a levy upon one or two specified articles of property, and added, “ and upon all the household goods, &c., subject to prior executions, value 5s.”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cur

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Cur.

Let the sheriff stand amerced in the debt and costs. The prefacing his return with a few specified items, and concluding generally with a seizure of “ all the household goods,” which may be worth £1200 or £12, is a direct breach of his duty.' A particular schedule should be returned, or all the frauds will be encouraged which the legislature had it in view to prevent. A sheriff cannot plead ignorance, nor. can the court allow of such a plea in this case.

Rule absolute.

Cited in Lloyd v. Wyckoff, 6 Hal. 265; Hustick v. Allen, Coxe 169; Todd & Rafferty v. Hoagland, 7 Vr. 355 .

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Cited by 0 cases

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