Artale v. Columbia Insurance Co.

The opinion of the court was delivered by

Parker, J.

The fundamental question to be decided in whether the Supreme Court erred.in dismissing the petition. The opinion of that court, reported in 108 N. J. L. 240; 157 Atl. Rep. 157, holds that the application in the petition must be denied, and puts the denial on two grounds — first, that it calls for a determination of the alleged Tien and its amount in a summary way, contrary to the ruling in Levy v. Public Service Railway Co., 91 N. J. L. 183; and secondly, that the plaintiffs Artale were necessary parties to the proceeding and had not been…