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Cahn v. Allen

Decided: February 15, 1940.

LEO CAHN, PLAINTIFF-PROSECUTOR,
v.
LEON E. ALLEN, DEFENDANT-RESPONDENT



On writ of certiorari.

For the prosecutor, Edwin P. Longstreet.

For the respondent, Lloyd C. Riddle.

Before Brogan, Chief Justice, and Justices Donges and Porter.

Donges

The opinion of the court was delivered by

DONGES, J. This writ of certiorari brings up an order of the Monmouth County Court of Common Pleas setting aside a prior order of that court which directed the defendant to make installment payments on account of a judgment recovered against him by the plaintiff.

The order was sought under R.S. 2:26-181, which provides:

"In case it is made to appear by affidavit that the judgment debtor is entitled to or is in receipt of income, other than from such trust funds as are exempt by law, the court or a judge thereof may make an order requiring defendant to show cause why he should not be ordered to make payments on account of the execution out of such income, at stated periods,

in installments upon such terms as the court or judge may direct.

"Upon the return of the order to show cause, or any time to which the hearing thereon may be continued, the court or a judge may make an order for such payments as aforesaid, and at any subsequent time, on application, may modify the terms thereof as may be just."

It has been held that salary for personal services is embraced within the term "income" as used in this section. White v. Koehler, 70 N.J.L. 526.

The defendant herein is an employe of the United States of America, being employed as a clerk at the Manasquan post office, and the question here presented is whether or not an order under ...


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