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Margaritell v. Township of Caldwell

New Jersey Supreme Court


November 21, 1960

FREDERICK W. MARGARITELL, PLAINTIFF-APPELLANT,
v.
THE TOWNSHIP OF CALDWELL, DEFENDANT-RESPONDENT.

Per Curiam. The judgment is affirmed for the reasons expressed in the opinion of Judge Scherer in the Chancery Division reported at 58 N.J. Super. 251. The paragraph thereof (58 N.J. Super., at p. 261) suggesting a possible purpose for the repeal in 1953 of the statute here involved and intimating an effect of the enactment of the In Rem Tax Foreclosure Act of 1948 (N.J.S.A. 54:5-104.29, et seq.) on prior methods for the foreclosure of tax liens is not necessary to the decision and we express no view with respect thereto.

For affirmance - Chief Justice WEINTRAUB, and Justices FRANCIS, PROCTOR, HALL and SCHETTINO - 5.

For reversal - None.

19601121


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