Baron v. Peoples National Bank of Secaucus

The opinion of the court was delivered by

Oliphant, J.

This is an appeal from an interlocutory order entered in the Law Division of the Hudson County Court in an action in replevin. The order denied a motion for a summary judgment under Rule 3 :56-3. The motion was originally made before answer and denied and was renewed at the pretrial on notice.

The grounds of the motion were: (1) that replevin would not lie where the defendant had neither actual nor constructive possession of the property at the time of the issuance of the writ; (2) that the plaintiff had waived his right to bring suit in…