Blum v. Jersey City Lumber Co.

The opinion of the court was delivered by

Parker, J.

The appeal is from a judgment entered pursuant to a special rule signed by the present Chief Justice, and based on the grounds that defendants had failed to file any affidavit of merits within ten days after service of summons and complaint, and had likewise failed to file any answer within twenty days after such service. Only one ground of appeal is assigned, viz.:

“The statutory course of pleading having been interrupted through the plaintiff’s unlawful and improvident entry of a previous judgment against the defendants, December 2d, 1932,…