WINBERRY v. SALISBURY


5 N.J. 240 (1950)

74 A.2d 406

JOHN J. WINBERRY, PLAINTIFF-APPELLANT, v. W. BURTON SALISBURY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 27, 1950.


Attorney(s) appearing for the Case

Mr. Frank G. Schlosser argued the cause for the appellant (Messrs. O'Regan & Schlosser, attorneys).

Mr. Theodore D. Parsons, Attorney General, argued the cause for the respondent (Mr. Warren Dixon, Jr., Deputy Attorney General, and Mr. Joseph A. Murphy, Assistant Deputy Attorney General, on the brief).


The opinion of the court was delivered by VANDERBILT, C.J.

The plaintiff brought suit in the Superior Court to expunge an alleged libel on him from a report of a grand jury on file with the county clerk of Middlesex County. The defendant Salisbury moved for summary judgment on the ground, among others, that the complaint did not state a cause of action and his motion was granted on May 25, 1949. On June 11th the trial court...

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