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WINBERRY v. SALISBURY

5 N.J. Super. 30 (1949)

68 A.2d 332

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

Superior Court of New Jersey, Appellate Division.

Decided September 14, 1949.

Attorney(s) appearing for the Case

Mr. Warren Dixon, Jr., on behalf of the defendant-respondent, moved to dismiss the appeal.

Mr. Frank G. Schlosser (Messrs. O'Regan & Schlosser, attorneys) for the plaintiff-appellant, contra.

Before Judges BIGELOW, McLEAN and ROGERS.

The opinion of the court was delivered by BIGELOW, J.A.D.

The respondent moves to dismiss the appeal on the ground that it was not taken within time. It is an appeal from a final judgment entered by the Law Division in favor of one of the defendants, W. Burton Salisbury, and against the plaintiff, May 25, 1949. On June 11th, the judgment was amended so as to provide that it should not carry costs. The notice of appeal was served July 25th, that is, 61 days after the...

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