MUELLER v. EUCENHAM


33 N.J. Super. 156 (1954)

109 A.2d 462

HAROLD G. MUELLER, PLAINTIFF-APPELLANT, v. DANIEL EUCENHAM, DEFENDANT-RESPONDENT, AND DANIEL EVERNHAM, JR., AN INFANT BY HIS GUARDIAN AD LITEM, DANIEL EVERNHAM, AND DORIS EVERNHAM, AN INFANT BY HER GUARDIAN AD LITEM DANIEL EVERNHAM, INTERVENING-COUNTERCLAIMANTS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1954.


Attorney(s) appearing for the Case

Mr. Jerome S. Lieb argued the cause for appellant (Messrs. Harkavy & Lieb, attorneys; Mr. Abraham I. Harkavy and Mr. Lieb, of counsel).

Mr. Clarkson S. Fisher argued the cause for respondents (Messrs. Frankel & Frankel, attorneys; Mr. George A. Bariscillo, Jr., on the brief).

Before Judges EASTWOOD, GOLDMANN and SCHETTINO.


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

Plaintiff appeals from an order of the Monmouth County District Court (1) permitting defendant (wrongly designated in the original complaint as Eucenham) to counterclaim, and (2) permitting defendant's infant children, Daniel Evernham, Jr. and Doris Evernham, by their father as guardian ad litem, to intervene and file their claims against plaintiff.<...

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