Gridley v. Decker

• Decision Date: 21 February 1910
• Citation: Gridley v. Decker, 75 A. 452, 79 N.J.L. 360 (N.J. 1910)
• Parties: GRIDLEY v. DECKER.
• Court: New Jersey Supreme Court

75 A. 452

79 N.J.L. 360

GRIDLEY

v. DECKER.

Supreme Court of New Jersey.

Feb. 21, 1910.

Action by Rebea D. Gridley against Thomas H. Decker. Judgment for defendant, and plaintiff brings certiorari. Reversed.

Argued November term, 1909, before SWAYZE, TRENCHARD, and PARKER, JJ.

George H. Peirce, for prosecutor.

Frank L. Bradner, for defendant.

PARKER, J. The writ of certiorari issued in this case to a justice of the peace calls for the proceedings before him "in a certain action brought against Thomas H. Decker by one Rebea D. Gridley on a claim of property, with all things touching and concerning the same." The justice's docket as returned is, in part, as follows: "Court for the Trial of Small Causes. Before E. —D. —, Justice of the Peace. State of New Jersey, County of Essex—ss.: Rebea D. Gridley v. Augustus F. W. Lehman and Thomas H. Decker. On Claim of Property. An application was made before me this 23d day of March, 1909, by Rebea D. Gridley, through her attorney, George H. Peirce, for the issuance of a venire of six men as a jury in the above case as by law made and provided. I issued a venire in the above-stated case the 24th day of March, 1909, returnable on the 29th day of March, 1909, at 2 o'clock in the afternoon." Then follow the usual entries as to the return, the swearing of the jury, the trial, and verdict for the defendant as to certain goods specified, and for the plaintiff as to "all the balance of the goods and chattels on the schedule of goods as claimed by the plaintiff."

As to these docket entries the case is strikingly similar to Balrd v. Johnson, 14 N. J. Law, 120. As in that case, we are informed from other papers sent up with the return that the goods in question were attached by a constable as the property of Willis T. Gridley by virtue of a writ of attachment issued by another justice of the peace at the suit of Decker...