Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Farmers Production Credit Association of Moorestown v. Zuck

New Jersey Superior Court, Appellate Division


Decided: December 23, 1953.

FARMERS PRODUCTION CREDIT ASSOCIATION OF MOORESTOWN, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BENJAMIN ZUCK, S. & R. FARMS INC., A CORPORATION OF THE STATE OF NEW JERSEY, ET ALS., DEFENDANTS-APPELLANTS

Clapp, Goldmann and Ewart.

Per Curiam

[29 NJSuper Page 40]

Motion is made by defendants-appellants to enlarge the time for presentation of an agreed statement in lieu of record under R.R. 1:6-2. The rule authorizes such a statement provided counsel present it to the court below for approval within 20 days after the filing of the notice of appeal. Here the notice of appeal was filed September 4, 1953. The application for an extension, though verified December 8, 1953, did not come before the three members of this part until December 21, 1953, not only after the expiration of the 20-day period, but about three months thereafter. It might be noticed, in passing, that all applications for extensions of time come before the part sitting together.

Counsel for defendants-appellants seeks to excuse this delay, saying that as assistant prosecutor he had to spend a substantial portion of one month in the preparation of a murder trial and that, in addition to six pre-trial conferences, he appeared in court on 18 days for all or a portion

[29 NJSuper Page 41]

of the day. Very plainly that does not account for or excuse this delay of 2 1/2 to 3 months. Under R.R. 1:7-13 we are authorized to extend the times fixed by the rules for the perfecting of appeals, provided good cause is shown. Good cause is not shown here. It makes no difference that the respondent's attorney consents to the extension.

Motion denied.

19531223


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.