South Broad Building & Loan Ass'n v. Brunetto

The opinion of the court was delivered by

Pakkeh, J.

As will be seen in the per curiam filed in the Supreme Court, the suit was for deficiency arising on a foreclosure sale; the Circuit Court struck out the complaint because it did not aver that a notice of the action had been filed previously to the issue of summons. Pamph. L. 1907, p. 563; reprinted in 3 Comp. Stat., p. 3423; see Mutual Savings Fund v. Gunne, 110 N. J. L. 41. Plaintiff claimed that such notice had in fact been filed, and asked leave to amend by adding an averment of the filing, which the court refused, as the statute of…