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OPALACH v. CEBULAH

2 N.J. Super. 139 (1949)

65 A.2d 67

PAUL OPALACH, PLAINTIFF-RESPONDENT, v. HARRY CEBULAH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1949.

Attorney(s) appearing for the Case

Mr. Samuel J. Davidson argued the cause for plaintiff-respondent (Messrs. DeFazio, Davidson & DeFazio, attorneys).

Mr. Theodore Rabinowitz argued the cause for defendant-appellant (Mr. G. Earl Brugler, of counsel; Mr. Bernard S. Click, attorney).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

This is an appeal by the tenant from a judgment for possession rendered by the Hoboken District Court in a proceeding under R.S. 2:32-265 et seq. The first question presented is what matters can be considered on the appeal. Prior to September 15, 1948, it was entirely clear, from the express terms of the statute, that such a judgment for possession was not appealable and could not be reviewed...

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