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STATE v. AMERICAN CAN CO.

42 N.J. 32 (1964)

198 A.2d 753

STATE OF NEW JERSEY, BY HUGO A. HILGENDORFF, JR., ATTORNEY-AT-LAW SPECIALLY DESIGNATED BY THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. AMERICAN CAN COMPANY, A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 16, 1964.

Attorney(s) appearing for the Case

Mr. John C. Heavey, Jr. argued the cause for the appellant (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. Samuel M. Coombs, Jr., of counsel).

Mr. Charles J. Kehoe, Deputy Attorney General, argued the cause for the respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Hugo A. Hilgendorff, Jr., of counsel and on the brief).

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

In 1960 a partial judgment in the sum of $37,950.99 was entered in the plaintiff's favor with the defendant's consent. In June 1961 a judgment for the plaintiff in the additional sum of $1,896.19 was entered. No appeal was taken from either judgment within the time allowed, or indeed at any time, and both judgments were fully paid. Thereafter in July 1962 the defendant moved for relief under R.R. 4:62-2....

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