Newark Title Supply Corp. v. Fletcher

The opinion of the court was. delivered by

Case, J.

This matter arises on a writ of certiorari issued to review a judgment entered in a mechanics’ lien action in the •District Court of Elizabeth, Dew Jersey, striking out the complaint upon the ground “that the complaint does not set forth a good and sufficient legal cause of action in that the summons was not issued and the suit was not commenced within the time required by the statute in such case made and provided.” The mandate in question is designated an order, but it appears to have the finality of a judgment and will be so treated.

The…