Legal Opinion

Gondas v. Gondas

New Jersey Court of Chancery

Decided September 5, 1926PublishedCited by 4 opinions

1Opinion of the Court

Mrs. Gondas filed her petition in this cause for divorce for constructive desertion, May 3d 1926, and sued out a subpoena adrespondendum, instead of a citation, on April 30th, tested on that day, returnable May 7th. The return day in the body of the writ was changed to May 13th, apparently, either by the solicitor or by the sheriff. This is common practice and has legal sanction. See McCracken v. Richardson,46 N.J. Law 50; Walnut v. Newton, 82 N.J. Law 290, 293. The return day endorsed upon the back of the writ remains May 7th, as originally written. The writ commands the defendant, if he…

2Cases cited9 opinions

  1. Pierce v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1904
  2. In re the Release or Relinquishment of the Right of Dower of MartinNew Jersey Court of Chancery · 1916
  3. Crowell v. BotsfordNew Jersey Court of Chancery · 1863
  4. Berenbroick v. HofstetterNew Jersey Court of Chancery · 1922
  5. Henry v. HenryNew Jersey Court of Chancery · 1912

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3Cited by4 opinions

  1. In Re Subpoena Duces Tecum Inst. Manage. Corp.New Jersey Superior Court Appellate Division · 1975
  2. State v. SchweitzerNew Jersey Superior Court Appellate Division · 1979
  3. Elgart v. MintzNew Jersey Court of Chancery · 1938
  4. Brown v. StateSupreme Court of Alabama · 1990

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