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Joseph E. West v. Isaac Smith, Sheriff of Atlantic

New Jersey Court of Chancery1840-04
2 N.J. Eq. 309

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

The Chancellor.

The injunction must be dissolved, The complainant has not proceeded with his suit as he ought to have •done. A subpoena in chancery need not necessarily be served by a sheriff or coroner. It may be served by any other competent person ; but in such case there must be an affidavit of the manner and time of service, and upon the return.of the writ a rule must be taken upon the defendant to plead, answer or demur at or before -the next, stated term of the court. It is certainly proper, in all ordinary cases, that the process of the court should be served by the sheriff or-other officer known to the law, but the court has repeatedly sanctioned the service of its process by a private person.

Injunction dissolved, with costs.

See dase of Corey v. Voorhies et al., ante, page 5.