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FIDELIS FACTORS CORP. v. DuLANE HATCHERY, LTD.

47 N.J. Super. 132 (1957)

135 A.2d 550

FIDELIS FACTORS CORPORATION, PLAINTIFF-RESPONDENT, v. DuLANE HATCHERY, LTD., A CORPORATION OF NEW JERSEY, ET AL., DEFENDANTS, AND NATHAN SINOWAY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 31, 1957.

Attorney(s) appearing for the Case

Mr. Harry A. Margolis argued the cause for the plaintiff-respondent (Mr. Max L. Rosenstein, attorney).

Mr. William E. O'Connor, Jr., argued the cause for the defendant-appellant Nathan Sinoway (Messrs. Novins & Novins, attorneys; Mr. Robert J. Novins, of counsel).

Before Judges HUGHES, PRICE and COOLAHAN.

The opinion of the court was delivered by HUGHES, J.S.C. (temporarily assigned).

This appeal raises substantial questions of some difficulty. At the outset, we commend the practice followed by the learned judge of the Chancery Division in staying (for sufficient time to permit appeal and application for temporary appellate relief pending decision) that part of the judgment below which would have caused the arrest of the appellant upon the writ of capias ad satisfaciendum...

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