Hijek v. Falezene

Supreme Court of New Jersey

Hijek v. Falezene

137 A. 923, 5 N.J. Misc. 674, 1927 N.J. Sup. Ct. LEXIS 160

DecidedJune 7, 1927

StatusPublished

This text of 137 A. 923 (Hijek v. Falezene) 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

Hijek v. Falezene, 137 A. 923, 5 N.J. Misc. 674, 1927 N.J. Sup. Ct. LEXIS 160 (N.J. 1927).

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Opinion

Memorandum.

The action was for damages for alienation of the affections and criminal conversation with plaintiff’s wife by the defendant. The cause was tried at the Essex Circuit Court in the absence of counsel for the defendant, under circumstances which we deem sufficient to warrant a setting aside of the judgment. That this should be the disposition of the matter is made more conclusive by an examination of the evidence upon which the verdict was founded.

The judgment and verdict are therefore set aside and a venire de novo awarded; costs to await the result of a retrial of the issue.

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Memorandum.

The action was for damages for alienation of the affections and criminal conversation with plaintiff’s wife by the defendant. The cause was tried at the Essex Circuit Court in the absence of counsel for the defendant, under circumstances which we deem sufficient to warrant a setting aside of the judgment. That this should be the disposition of the matter is made more conclusive by an examination of the evidence upon which the verdict was founded.

The judgment and verdict are therefore set aside and a venire de novo awarded; costs to await the result of a retrial of the issue.

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Bluebook (online)

137 A. 923, 5 N.J. Misc. 674, 1927 N.J. Sup. Ct. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hijek-v-falezene-nj-1927.