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PALM BEACH MERCANTILE CO. v. IVERS

2 N.J. Super. 5 (1949)

64 A.2d 367

PALM BEACH MERCANTILE CO., PLAINTIFF-RESPONDENT, v. KURT IVERS, INDIVIDUALLY, ETC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1949.

Attorney(s) appearing for the Case

Mr. Jay E. Bailey argued the cause for the plaintiff-respondent (Messrs. Bailey and Schenck, attorneys).

Mr. Theodore Rabinow argued the cause for the defendant-appellant (Mr. Bernard S. Glick, attorney).

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

Judgment in this cause was entered in the District Court of the Essex County Judicial District June 30, 1948, in favor of the plaintiff for $498. damages with costs. The judgment was based on proofs taken ex parte upon the failure of defendant to appear on the day which had been set for trial. On November 3, 1948, defendant obtained a rule to show cause why the judgment should not be vacated. The docket contains...

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