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ROBERTS v. ROBERTS

106 N.J. Super. 108 (1969)

254 A.2d 323

BESSIE L. ROBERTS, PLAINTIFF, v. CHARLES L. ROBERTS, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

June 12, 1969.

Attorney(s) appearing for the Case

Mr. Edward S. Snyder for plaintiff (Messrs. Rudd, Ackerman & Breitkopf, attorneys).

Mr. Paul N. Silverman for defendant (Messrs. Silverman & Bergstein, attorneys).

CONSODINE, J.C.C. (temporarily assigned).

Plaintiff seeks in a matrimonial action to enjoin defendant pendente lite from entering the marital home owned as tenants by the entirety, predicated on physical extreme cruelty. No minor children are involved.

Defendant argues that there is no authority in this State authorizing a court of equity to expel a tenant by the entirety from his home.

Our Constitution (N.J. Const. 1947), Art.

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