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MESSNER v. UNION COUNTY

34 N.J. 233 (1961)

167 A.2d 897

WILLIAM A. MESSNER, PLAINTIFF-APPELLANT, v. COUNTY OF UNION, NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 20, 1961.

Attorney(s) appearing for the Case

Mr. Herbert L. Zuckerman argued the cause for plaintiff-appellant.

Mr. Edward O. Bauer argued the cause for defendant-respondent (Mr. Louis J. Dughi, County Attorney, attorney; and Mr. John P. Higgins, Assistant County Attorney, on the brief).

The opinion of the court was delivered by SCHETTINO, J.

Appeal is from a Superior Court, Law Division judgment denying plaintiff's motion and granting defendant's motion for summary judgment. Plaintiff had instituted suit for the return of certain moneys paid to defendant by plaintiff for the support of plaintiff's former wife. Before the appeal was heard by the Appellate Division, we certified it on our own motion.

In 1941 a Union County court committed plaintiff...

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