Smith v. Harker
SMITH v. HARKER and HARKER
Smith v. Harker, 3 N.J.L. 431 (1808)
Summary
ON CERTIORARI.
The record below sent up by the justice, was in the following words:—
Daniel Harker and Samuel Harker, vs. William Fairholm, Peter Smith, security, September 19, 1796.
Said Fairholm, confessed judgment for ¿Sil 19 0 | debt, and 3s 9d costs. [ Gave execution, Dec. 15,1796. (25th November, 1799. Issued a scire facias a-I gainst Peter Smith, to shew cause why execuJ tion should not issue against him,'returnable 7th Dec, 1799 ; Peter Smith did not appear, and I entered judgment against him by default for $539 38 debt, and 66 costs. Execution issued March 7, 1800.
It was moved in behalf of the plaintiff in certioran to reverse this judgment, on the ground that the proceeding below was erroneous; that a sdre facias could not be issued by a justice of the peace; and even if he had that authority, yet that it did not appear that it had been served, but only that the defendant did not appear, nor did it appear in what manner Peter Smith had become security, whether by recognizance, confessing of judgment, or a verbal promise to pay in case Fairholm did not.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
By the Court.
This proceeding is wholly irregular, and cannot be supported; therefore, judgment must be
Reversed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.