BARBER v. HOHL


40 N.J. Super. 526 (1956)

123 A.2d 785

THEODORE R. BARBER, ET UX, PLAINTIFFS-RESPONDENTS, v. HENRY D. HOHL, ET UX, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1956.


Attorney(s) appearing for the Case

Mr. Vincent A. Grasso argued the cause for defendants-appellants (Messrs. Hiering & Grasso, attorneys).

Mr. Julius Robinson argued the cause for plaintiffs-respondents.

Before Judges GOLDMANN, FREUND and CONFORD.


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

We first call attention to the unqualified endorsement of consent at the foot of the judgment under review by counsel for defendants. On its face the consent thereby evidenced would bar the right of appeal. Cf. Lincoln Memorial Park of Millstone v. Lutheran Cemetery, 117 N.J. Eq. 481, 482 (E. & A. 1935). But it is conceded by plaintiffs that the form of endorsement drawn by their counsel...

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