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State v. Moriarty

Decided: September 16, 1968.

STATE OF NEW JERSEY, PLAINTIFF,
v.
JOSEPH V. MORIARTY, DEFENDANT. FRANK J. FARLEY, TREASURER OF THE COUNTY OF HUDSON, AND COUNTY OF HUDSON, PETITIONERS-RESPONDENTS, V. $168,400.97, AND FRANK S. TURBETT, JR., DISTRICT DIRECTOR OF INTERNAL REVENUE AND UNITED STATES OF AMERICA, CLAIMANTS-APPELLANTS. STATE OF NEW JERSEY, BY ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, PLAINTIFF, V. FRANK J. FARLEY, TREASURER OF THE COUNTY OF HUDSON, AND COUNTY OF HUDSON, DEFENDANTS



Goldmann, Kolovsky and Carton.

Per Curiam

We affirm essentially for the reasons stated by Judge Rosen in 97 N.J. Super. 458 (Law Div. 1967), deeming ourselves bound by what was said in Spagnuolo v. Bonnet, 16 N.J. 546, at page 558 et seq., and particularly page 560 (1954), as to the interpretation to be given N.J.S. 2 A:152-6 to 11, inclusive. In this connection we observe that § 6321 of the Internal Revenue Code of 1954 (26 U.S.C.A., § 6321) provides that the Government's jeopardy assessment "shall be a lien * * * upon all property and rights to property, whether real or personal, belonging to such person." (Italics ours) Under ...


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