F. A. North Co. v. Ware

Supreme Court of New Jersey

F. A. North Co. v. Ware

157 A. 89, 9 N.J. Misc. 1226, 1931 N.J. Sup. Ct. LEXIS 86

DecidedNovember 18, 1931

StatusPublished

This text of 157 A. 89 (F. A. North Co. v. Ware) 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.

Bluebook

F. A. North Co. v. Ware, 157 A. 89, 9 N.J. Misc. 1226, 1931 N.J. Sup. Ct. LEXIS 86 (N.J. 1931).

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Opinion

Pee Cubiam.

This is a rule to show cause why a judgment by default should not be opened and the defendant be permitted to answer and defend.

The grounds urged are, at best, of doubtful merit and such conclusion would be sufficient to require a discharge of the rule. Beyond this, however, the defendant is chargeable with gross laches.

The judgment was entered against her June 14th, 1929, and an execution issued upon the same date under which a levy was made upon her real estate August 3d, 1929, and the lands sold December 5th, 1929. The rule to show cause was not applied for and allowed until one year after such sale, namely, December 4th, 1930.

The rule is discharged, with costs.

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Pee Cubiam.

This is a rule to show cause why a judgment by default should not be opened and the defendant be permitted to answer and defend.

The grounds urged are, at best, of doubtful merit and such conclusion would be sufficient to require a discharge of the rule. Beyond this, however, the defendant is chargeable with gross laches.

The judgment was entered against her June 14th, 1929, and an execution issued upon the same date under which a levy was made upon her real estate August 3d, 1929, and the lands sold December 5th, 1929. The rule to show cause was not applied for and allowed until one year after such sale, namely, December 4th, 1930.

The rule is discharged, with costs.

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Bluebook (online)

157 A. 89, 9 N.J. Misc. 1226, 1931 N.J. Sup. Ct. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/f-a-north-co-v-ware-nj-1931.