MILLER v. MILLER


13 N.J. 555 (1953)

100 A.2d 665

ARTHUR G. MILLER, PLAINTIFF-RESPONDENT, v. MARY ANN MILLER, DEFENDANT-COUNTERCLAIMANT APPELLANT.

The Supreme Court of New Jersey.

Reargued November 2, 1953.

Decided November 23, 1953.


Attorney(s) appearing for the Case

Mr. Louis C. Friedman argued the cause for appellant.

Mr. Peter Calcia argued the cause for respondent.


The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

This appeal was certified here of our own motion while pending in the Appellate Division.

The defendant wife's counterclaim includes a count for separate maintenance. The count was dismissed by the Chancery Division on plaintiff's motion upon the ground that "the matters contained in defendant's counterclaim for support and maintenance are res judicata because it has already been...

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