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MIANULLI v. GUNAGAN

32 N.J. Super. 212 (1954)

108 A.2d 200

SYLVESTER MIANULLI AND CARMELA MIANULLI, HIS WIFE, PLAINTIFFS-APPELLANTS, v. THOMAS J. GUNAGAN AND MINNIE GUNAGAN, HIS WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1954.

Attorney(s) appearing for the Case

Mr. Samuel J. Davidson argued the cause for appellants (Messrs. DeFazio, Davidson & DeFazio, attorneys).

Mr. Allan A. Maki argued the cause for respondents (Messrs. Corbin & Corbin, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

The defendants resisted the prosecution of this action by a motion for an order dismissing the complaint because of its failure to allege a cause of action for which remedial relief could be judicially granted. R.R. 4:12-2(e). The motion was not supported by any factual information extraneous and supplementary to the allegations of the complaint....

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