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GROSSMAN FURNITURE CO. v. PIERRE

119 N.J. Super. 411 (1972)

291 A.2d 858

GROSSMAN FURNITURE CO. INC., PLAINTIFF, v. ELEANOR PIERRE, DEFENDANT.

Superior Court of New Jersey, Essex County District Court.

Decided May 23, 1972.

Attorney(s) appearing for the Case

Messrs. Arthur J. Corkery and Robert S. Fisher for plaintiff.

Mr. Sam Farrington, Essex County Legal Services, for defendant.

YANOFF, P.J.D.C.

This is a test case in which defendant questions the constitutionality of the New Jersey Replevin Act, N.J.S.A. 2A:59-1, on the ground that it permits the taking of property by force without a preliminary trial-type hearing, alleging that it thereby violates the Fourth and Fourteenth Amendments of the United States Constitution. No claim is made of unconstitutionality under the New Jersey Constitution...

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