CATABENE v. WALLNER


16 N.J. Super. 597 (1951)

85 A.2d 300

ALPHONSE M. CATABENE, TRUSTEE IN BANKRUPTCY OF HEISS & SONS, INC., A CORPORATION OF NEW JERSEY, BANKRUPT, PLAINTIFF-APPELLANT, v. CHARLES WALLNER, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1951.


Attorney(s) appearing for the Case

Mr. Joseph Weintraub argued the cause for appellant (Messrs. Feld & Breitner, attorneys).

Mr. Joseph B. Stadtmauer argued the cause for respondent Charles Wallner (Mr. Benjamin H. Stadtmauer, attorney).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.


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

The plaintiff's motion to amend the complaint by adding to the "prayers for relief" (but see Rule 3:8-1) was denied by order of the Chancery Division of the Superior Court, entered April 13, 1951. On the same day, judgment was entered dismissing the complaint, with costs, on the ground that "the complaint seeks to collaterally attack a final judgment...

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