City of Jersey City v. Hague

The opinion of the court ivas delivered by

Vanderbilt, C. J.

Defendant Prank Hague moved, without supporting affidavit, to dismiss the complaint “for failure to state a claim upon which relief can be granted” and the trial court granted the motion. The plaintiff appealed to the Appellate Division of the Superior Court and we certified the case on our own motion while it was pending there.

I. Tiie Pacts oe the Complaint

Ho principle of pleading is better established, not only under our rules of court but under the practice that preceded it, Kelly v. Hoffman, 137 N. J. L. 695 (E. & A. 1948), 41 Am.…