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BEIGHLE v. LE ROY

No. 6495.

94 F.2d 30 (1938)

BEIGHLE et al. v. Le ROY et al. (BLOOMFIELD, Intervener).

Circuit Court of Appeals, Third Circuit.

January 3, 1938.

Attorney(s) appearing for the Case

Samuel R. Blaine, of Newark, N. J., for appellants.

Frederic M. P. Pearse, of Newark, N. J., for intervener-appellee.

Martin B. Stutsman, of Plainfield, N. J., (George Such Pearse, of Newark, N. J., on the brief), for L. R. Lamb, N. Avlonitis, J. Jackson, defendant-appellees.

Before BUFFINGTON and BIGGS, Circuit Judges, and WATSON, District Judge.

BUFFINGTON, Circuit Judge.

Without reciting all the facts, it suffices to say that on June 8, 1937, the court in this action of ejectment opened a default judgment against the tenants of Anita I. Bloomfield and permitted her to defend. In doing so the court overlooked the fact that on September 16, 1936, the Plainfield Trust Company, executor of the will under which she claimed, had filed an answer. Whereupon plaintiffs took this appeal, contending the term had passed...

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