MURPHY EX REL. MURPHY v. KELLY


28 N.J. Super. 266 (1953)

100 A.2d 558

PATRICIA MURPHY, AN INFANT BY HER GUARDIAN AD LITEM, JERRY P. MURPHY, PLAINTIFF-APPELLANT, v. LLOYD J. KELLY, TRADING AS INDEPENDENT MEMORIAL COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1953.


Attorney(s) appearing for the Case

Mr. Harry A. Walsh argued the cause for appellant (Mr. Thorn Lord, attorney).

Mr. Lester C. Leonard argued the cause for respondent.

Before Judges CLAPP, GOLDMANN and EWART.


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

This appeal brings up for review the legal propriety of a summary judgment entered in favor of the defendant and against the plaintiff on May 28, 1953, after a pretrial conference had May 25, 1953. An earlier motion by the defendant for summary judgment, made before the assignment judge December 19, 1952, had been denied. The pretrial conference was presided over by a different judge than the assignment judge...

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