Tarpey v. Jersey Co-operative Co.

The Municipal Court justice in this case made an order upon motion of the defendants, vacating the service of the summons made upon the defendant, it having been served upon its president, when he was attending in this state as a party in another action. This court dismissed the appeal from the order upon the ground that, under the provisions of section 154 of the Municipal Court Code, the same was not appealable. The plaintiff then made a motion in the lower court for an order directing that a judgment of dismissal of the action be entered, the clerk having refused to enter such a judgment…