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ALMOR FURNITURE & APPLIANCES v. MacMILLAN

116 N.J. Super. 65 (1971)

280 A.2d 862

ALMOR FURNITURE & APPLIANCES, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF, v. LOUIS MacMILLAN, RUTH MacMILLAN AND JOHN DOE, BEING THE PARTY IN POSSESSION, DEFENDANTS.

Superior Court of New Jersey, District Court, Essex County.

Decided July 29, 1971.

Attorney(s) appearing for the Case

Mr. Joseph Samson for plaintiff (Messrs. Hellman & Samson, attorneys).

Mr. Richard N. Tilton of the Newark Legal Services Project, for defendants.

BEDFORD, J.D.C.

Plaintiff instituted these proceedings and obtained a writ of replevin, pursuant to the provisions of N.J.S.A. 2A:59-1 et seq., which was executed by a constable of the Essex County District Court. The writ was obtained by posting a bond in double the certified value of the property, and the property was taken into custody by the constable, who then filed his certificate setting forth the essential facts of the taking.

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