Raiken v. Montefiore Cemetery Assn.

As noted in the previous opinion of this court, reported in123 N.J. Eq. 168, the decree in chancery dated December 10th, 1930, was the subject of an appeal, the notice of which was filed on June 10th, 1932, the last day contemplated by the statute then in force (P.L. 1914 p. 133) for appeal from a final decree; and then only in case of an extension of time granted by order of the chancellor. That order of extension was attacked by the receiver, not in this court, but in the court of chancery, on the ground of laches and of fraud in its procurement; and the vice-chancellor who heard the matter…