Globe Indus. Loan Corp. v. Caldwell
| Citation | 20 N.J.Misc. 435,28 A.2d 775 |
| Decision Date | 17 September 1942 |
| Docket Number | No. 1980.,1980. |
| Parties | GLOBE INDUSTRIAL LOAN CORPORATION v. CALDWELL et al. |
| Court | New Jersey Supreme Court |
Action on contract by the Globe Industrial Loan Corporation against Margaret Caldwell and another, jointly and severally, wherein judgment was entered for the plaintiff. On application for execution against wages or income due to defendant Hugh F. Caldwell, filed under N.J.S.A. 2:32-180.
Application denied.
Robert J. Tait Paul, of Camden, for plaintiff.
Defendants were not represented by counsel.
Judgment was entered in the Salem County District Court at the suit of Globe Industrial Loan Corporation against Margaret Caldwell and Hugh F. Caldwell, and a wage execution was issued out of the Court directed to the employer of the defendant Hugh F. Caldwell, which employer was resident in Salem County. Shortly after the issuance of the wage execution the defendant changed employment and accepted a position in Camden County. Counsel for plaintiff by this application seeks a wage execution to issue to the present employer who is a resident of Camden County.
During the past five or six years the practice has obtained for a District Court or Court of Common Pleas of one County to issue wage executions to employers in other Counties. I can find no statutory basis for this practice.
The jurisdiction of the District Court is prescribed by Revised Statutes 2:8-38, N.J.S.A. 2:8-38, which makes it co-extensive with the County wherein such District Court is established.
The District Courts are creatures of the Legislature which can assign them such territorial jurisdiction as it sees fit. See MacPhail v. Nassau, 184 A. 633, 14 N.J.Misc. 292; Wall Rope Works v. Sperling, 116 N.J.L. 449, 185 A. 477. Mohr v. Sonnet, 8 A.2d 109, 17 N.J.Misc. 226.
The Legislature has in several specific instances extended the jurisdiction of the District Court as follows: R.S. 2:32-155, N.J.S.A. 2:32-155, where an execution has been returned unsatisfied, then an alias or pluries execution may issue directed to any constable, to any County of the State so designated in the writ.
This provision deals with the seizure of tangible personal property and calls for its sale by the executing officer, and in my opinion has no relation or reference to wage executions.
Other extensions of jurisdiction are: R.S. 2:32-34.1, N.J.S.A. 2:32-34.1, to permit service of process on the Commissioner of Motor Vehicles in case of...
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Beca Realty, Inc. v. Eisberg
...292, 184 A. 633, D.Ct. (1936); Mohr v. Sonnet, 17 N.J.Misc. 226, 8 A.2d 109 (S.Ct.1939); and also Globe Industrial Loan Corp. v. Caldwell, 20 N.J.Misc. 435, 28 A.2d 775 (D.Ct.1942), where it was held that a district court has no jurisdiction to issue a wage execution which would be effectiv......
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Kappish v. Lotsey
...may be given such jurisdiction with regard to subject matter and territory as the Legislature sees fit. Globe Industrial Loan Corp. v. Caldwell, 20 N.J.Misc. 435, 28 A.2d 775 (D.Ct.1942); 1947 Constitution, Art. VI, Sec. I, par. There also appears to be little question but that the Legislat......
- State v. White, 1.