COURT INVEST. CO. v. PERILLO


48 N.J. 334 (1966)

225 A.2d 352

COURT INVESTMENT COMPANY, A CORPORATION, ET AL., PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. MILLIE PERILLO AND DONATO PERILLO, HER HUSBAND, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided December 23, 1966.


Attorney(s) appearing for the Case

Mr. Frank B. Bozza argued the cause for plaintiffs-respondents and cross-appellants.

Mr. Maurice Rosenstein argued the cause for defendants-appellants.


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

The issue here is whether the trial court erred in reopening a default judgment obtained on November 24, 1945 by plaintiff Court Investment Company against defendants Millie Perillo and Donato Perillo, husband and wife. The Appellate Division, with Judge Kilkenny dissenting, reversed and reinstated the judgment. Defendants appealed to this Court. R.R. 1:2-1.

On May 10, 1928 defendants gave a bond...

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