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LEITH v. HORGAN

24 N.J. Super. 516 (1953)

95 A.2d 15

WALTER M. LEITH AND HIS WIFE, PLAINTIFFS-APPELLANTS, v. ANDREW B. HORGAN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 18, 1953.

Attorney(s) appearing for the Case

Mr. Edward Schoen, Jr., argued the cause for the appellants (Mr. Rodman C. Herman, on the brief).

Mr. Charles S. Barrett, Jr., argued the cause for the respondent (Messrs. Lum, Fairlie & Foster, attorneys).

Before Judges EASTWOOD, BIGELOW and JAYNE.

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

The complaint was dismissed by summary judgment in the Chancery Division and the plaintiffs appeal.

The plaintiffs are the parents of Marion L. Horgan, who is an incurable invalid, paralyzed since May 1950, and who is married to the defendant and has been his wife since 1935. Some time after July 1951 she was taken by her husband to a place of residence unknown to the plaintiffs. The defendant refuses...

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