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Phipps v. Cervasio

Decided: January 27, 1947.

GLORIA PHIPPS, BY HER NEXT FRIEND, THOMAS PHIPPS, PLAINTIFF-APPELLANT,
v.
DANIEL HOPE CERVASIO AND WILLIAM FANNICIOLA, DEFENDANTS-APPELLEES



On appeal from order amending record of judgment of District Court of the Essex County Judicial District.

For the plaintiff-appellant, Abraham H. Carchman and Louis Zemel.

For the defendant-appellee, John Cervase.

Before Justices Parker and Donges.

Donges

The opinion of the court was delivered by

DONGES, J. Appeal is taken from an order of a Judge of the District Court of the Essex County Judicial District amending the record of judgment in a cause begun and tried in the District Court of the City of Orange, and transferred under the statute to this District Court of the Essex County Judicial District.

Action was instituted on October 7th, 1935, by plaintiff-appellant, an infant, to recover damages for personal injuries sustained in an automobile accident. The cause was tried before Judge William A. Calhoun, then judge of said court, and on June 5th, 1936, judgment was entered in favor of plaintiff-appellant. The docket entry was: "Judgment was rendered for the plaintiff and against the defendant for One Hundred Twenty-five Dollars, debt and Ten Dollars and Fifty-seven Cents, costs."

The docket then shows:

"Order directing execution granted, July 31, 1945.

"Execution issued August 2, 1945, for $125.00 debt and $10.57 costs, returnable within thirty days."

It then shows that levy was made and the execution returned unsatisfied on January 15th, 1946. This levy was on goods of defendant Fanniciola.

On March 1st, 1945, a petition was filed and an order for discovery as to both defendants allowed.

On March 13th, 1946, a rule to show cause was allowed why the record of judgment against Cervasio "should not be corrected to show a ...


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