Essex Foundry v. Biondella

The opinion of the court was delivered by

Perskie, J.

This is an action or proceeding under the Uniform Declaratory Judgment law. R. S. 2:26-67, et seq. Plaintiffs appeal from two separate rules on only one of which judgment final was entered and both of which will hereafter be referred to as rules. Both rules, among other things, resulted in the dismissal of the action against the defendant Louis Biondella, the respondent here.

No proofs were offered. The orders under review are based solely upon the facts set forth in appellants’ petition and the schedules annexed thereto. A brief statement of…