Betts v. "The Maccabees"
This text of 159 A. 680 (Betts v. "The Maccabees") is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant is a foreign corporation and service of the summons and complaint upon it was made by service of the same upon the secretary of state.
Por want of an affidavit of merits judgment by default was taken. This judgment we are asked to open and permit a trial of the issues raised by the complaint and the answer filed by the defendant, which answer was filed within time.
Our examination of the proofs brings us to the conclusion that the failure to file the affidavit of merits was due to an oversight and mistake and that the defendant had a meritorious defense.
The judgment should, therefore, be opened to permit a trial of the issues raised by the pleadings.
Such an order may be taken.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
159 A. 680, 10 N.J. Misc. 517, 1932 N.J. Sup. Ct. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betts-v-the-maccabees-nj-1932.