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SEARS, ROEBUCK AND CO. v. BRANEY

265 N.J. Super. 362 (1993)

627 A.2d 662

SEARS, ROEBUCK AND CO., PLAINTIFF-APPELLANT, v. EDWARD BRANEY, JR. AND ALBERTA BRANEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1993.

Attorney(s) appearing for the Case

Steven P. McCabe argued the cause for appellant (Pressler and Pressler, attorneys; Mr. McCabe on the brief).

Laura C. Tharney argued the cause for respondent (Edward Gross, Middlesex County Counsel, attorney; Ms. Tharney on the brief).

Before Judges J.H. COLEMAN, A.M. STEIN and CONLEY.

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

The critical issue raised in this appeal is whether a sheriff may charge mileage for unsuccessful attempts to serve process. We affirm Judge Menza's conclusion that such mileage charges are authorized by N.J.S.A. 22A:4-8 and -11 for the reasons set forth in his written opinion reported at 265 N.J.Super. 430, 627 A.2d 698 (Law...

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