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POULTRYMEN'S SERVICE CORP. v. WINTER, ET AL.

101 N.J. Super. 294 (1968)

244 A.2d 308

POULTRYMEN'S SERVICE CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. ABRAHAM WINTER, ET AL., DEFENDANTS-RESPONDENTS, AND CELIA ZASLOW, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF LOUIS ZASLOW, DECEASED, SURETIES-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 1968.

Attorney(s) appearing for the Case

Mr. Lionel F. Briggs argued the cause for appellant.

Mr. Robert B. Silverman argued the cause for respondents (Messrs. Braun & Braun, attorneys).

Before Judges SULLIVAN, FOLEY and LEONARD.

The opinion of the court was delivered by SULLIVAN, S.J.A.D.

Plaintiff appeals from the denial of its motion to amerce the sureties on a bail bond in a capias proceeding.

In 1957 plaintiff commenced a suit against defendant Abraham Winter on an allegedly fraudulently incurred debt and obtained the issuance of a writ of capias ad respondendum. Defendant Winter was taken into custody under the writ and secured his release by filing a bail bond...

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