FARLEY v. MANNING


4 N.J. 571 (1950)

73 A.2d 551

FRANK J. FARLEY, PLAINTIFF-RESPONDENT, v. JOHN E. MANNING, COLLECTOR OF INTERNAL REVENUE, ACTING FOR AND ON BEHALF OF THE UNITED STATES OF AMERICA, FOR THE FIFTH DISTRICT OF NEW JERSEY, DEFENDANT-RESPONDENT, JOSEPH V. MORIARTY, DEFENDANT, MARGARET MORIARTY, DEFENDANT-APPELLANT, AND UNITED STATES OF AMERICA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 22, 1950.


Attorney(s) appearing for the Case

Mr. Harry A. Walsh argued the cause for appellant, Margaret Moriarty (Mr. Robert H. Wall, attorney).

Mr. Roger M. Yancey, Assistant United States Attorney, argued the cause for respondents, United States of America and John E. Manning (Mr. Alfred E. Modarelli, United States Attorney, Mr. Theron Lamar Caudle, Assistant Attorney General, Mr. Andrew D. Sharpe and Mr. F.A. Michels, Special Assistants to the Attorney General, on the brief).


The opinion of the court was delivered by WACHENFELD, J.

A raid by the agents of the Attorney General was made on July 9, 1946, on the residence of Joseph Moriarty, where he lived with his mother and sisters. Moriarty eluded the officers, went to the top floor of the building by means of a ladder through a trap door carrying and occasionally dropping bundles containing what subsequently proved to be cash, most of which was...

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