Minery v. Fenton

The opinion of the court was delivered by

Jacobs, J.

The defendant appealed to the Appellate Division of the Superior Court from a judgment entered in the Mercer County Court in favor of the plaintiff. We certified on our own motion.

The cause was submitted on a stipulation which set forth the following facts: On April 12, 1937 the plaintiff’s predecessor obtained a Massachusetts judgment against the defendant in the sum of $6,927.39 plus $27.25 costs. This judgment was entered in an action against the defendant for the wrongful death of the plaintiff’s intestate “arising out of the negligence…