Honeoszyn v. Garbowski

Pee Cueiam.

The suit was in a District Court, and the court opened the judgment for a new trial on an application made more than thirty days after judgment was entered, and not based on newly discovered evidence. Comp. Stat., p. 1959, § 17. See Schubert v. District Court of Bergen County, 10 N. J. Mis. R. 414; 159 Atl. Rep. 615. The answer to this apparent illegality is that the application for new trial was delayed beyond the thirty days by fraudulent misrepresentation by the plaintiff’s attorney, whereby defendant’s attorney was misled. Geithner v. Paechiana, 8 N. J. Mis. R. 384; 150 Atl.…