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Harris v. De Laine

New Jersey Supreme Court


Decided: October 17, 1932.

LOUIS HARRIS, PLAINTIFF-RESPONDENT,
v.
JOSEPHINE DE LAINE, DEFENDANT-APPELLANT

On appeal from the Supreme Court, whose opinion by Mr. Justice Parker is printed in 9 N.J. Mis. R. 295.

For the appellant, Louise Ruth Shapiro.

For the respondent, I. Ezra Newmark.

[109 NJL Page 298]

PER CURIAM.

This is an appeal from a summary judgment, in favor of the plaintiff below, in an action of ejectment, entered upon the striking out, upon notice, by a justice of the Supreme Court, of the answer, as sham and frivolous. The answer was, in our judgment, properly stricken out and the judgment under review is therefore affirmed, with costs.

For affirmance -- THE CHANCELLOR, TRENCHARD, LLOYD, CASE, BODINE, DONGES, BROGAN, VAN BUSKIRK, KAYS, DEAR, WELLS, KERNEY, JJ. 12.

For reversal -- None.

19321017


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