Legal Opinion

Chase Manhattan Mortgage Corp. v. Hunt

New Jersey Superior Court Appellate Division

Decided August 21, 2003Published

1Opinion of the Court

FAST, J.S.C.

This case proceeded by way of two different stages — the first related to an evidentiary question, and the second related to the subsequent proceeding in this summary action for possession. They will be treated in that order.

*589I

THE EVIDENTIARY QUESTION

There is no reported1 opinion stating whether N.J.S.A. 2A:81-6 applies to a summary action for possession.2 That statute states that:

“In all civil actions in any court of record a party shall be sworn and shall give evidence therein when called by the adverse party, but no party thereto shall be compelled to be sworn or give evidence…

2Cases cited9 opinions

  1. Carteret Properties v. Variety Donuts, Inc.Supreme Court of New Jersey · 1967
  2. Chase Manhattan Bank v. JosephsonSupreme Court of New Jersey · 1994
  3. Guttenberg Savings & Loan Ass'n v. RiveraSupreme Court of New Jersey · 1981
  4. A.P. Development Corp. v. BandSupreme Court of New Jersey · 1988
  5. Carr v. JohnsonNew Jersey Superior Court Appellate Division · 1986

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