HOWARD SAV. BANK v. SUTTON


246 N.J. Super. 482 (1990)

587 A.2d 1335

THE HOWARD SAVINGS BANK, PLAINTIFF, v. HAROLD SUTTON, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division Monmouth County.

Decided December 28, 1990.


Attorney(s) appearing for the Case

Robert A. Rothstein for I. David Goldstein (Rothstein, Mandell, Strohm & Gelson, attorneys).

Steven H. Finkelstein for plaintiff (Hayt, Hayt & Landau, attorneys).

Robert J. Hrebek for Sheriff of Monmouth County.


McGANN, J.S.C.

After centuries of conducting execution sales, there is no clear-cut legislative mandate fixing the obligation to pay the sheriff's fees. That void raises the issue herein.

A sheriff's entitlement to fees is found in N.J.S.A. 22A:4-8. The section of that statute dealing with execution sales provides, in pertinent part, as follows:

EXECUTION SALES When a sale is made by virtue of an execution the sheriff shall be entitled...

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